MANUAL 


OF  THE 

NEW  YORK  SOCIETY  FOR  THE  PREVENTION 
OF  CRUELTY  TO  CHILDREN. 


Office  of  the  Society, 

No.  100  East  23d  Street, 
New  York  City. 


Return  this  book  on  or  before  the 
Latest  Date  stamped  below. 


University  of  Illinois  Library 


tiPP  29 

APR  1 


U v i w 

AUG  1 


%-y 

1975 

to/5 

a 1993 


L161 — H41 


MANUAL 


OF  THE 

Uc,w 

OF  THE 

NEW  YORK  sffffff? '^OKf-WE  PREVENTION 
OF  CRUELTY  TO  CHILDREN. 


COMPRISING 


THE  PROVISIONS  OF  THE  PENAL  CODE,  THE  CODE 
OF  CRIMINAL  PROCEDURE  AND  OF  OTHER 
STATUTES  RELATING  TO  CHILDREN, 

WITH 

APPROPRIATE  FORMS  AND  REFERENCES. 


PREPARED  BY  . 

JOHN  B.  PINE, 

ATTORNEY  FOR  THE  SOCIETY. 


PUBLISHED  BY  THE  SOCIETY. 

1884. 


Copyright,  1884, 

By  JOHN  B.  PINE. 


Baker  & Godwin,  Printers, 

No.  25  Park  Row. 


MANUAL 


OF  THE 


NEW  YORK  SOCIETY  FOR  THE  PREVENTION 
OF  CRUELTY  TO  CHILDREN. 


PENAL  CODE. 

Age  of  Child. 

Section  18.  A child  under  the  age  of  seven  years  is 

not  capable  of  committing  crime. 

r„T,nl,i«ivp  ^resumption.— An  infant  under  seven  years  of  age 

Townsend,  3 Hilly  479- 

Determination  of  Age. 

§ xo.  A child  of  the  age  of  seven  years,  and  under  the 
age  of  twelve  years,  is  presumed  to  be  incapable  of  crime  ; 
but  the  presumption  may  be  removed  by  proof  that  he 
had  sufficient  capacity  to  understand  the  act  or  neglect 
charged  against  him,  and  to  know  its  wrongfulness. 
Whenever  in  any  legal  proceeding  it  becomes  necessary, 
to  determine  the  age  of  a child,  the  child  may  e pro 
duced  for  personal  inspection,  to  enable  the  magistrate, 
court,  or  jury,  to  determine  the  age  thereby  ; and  t e 
court  or  magistrate  may  direct  an  examination  by  one  or 
more  physicians,  whose  opinions  shall  also  be  competent 
evidence  upon  the  question  of  age. 

Amendment.— The  above  section  reads  as  amended  by  chapter 
46  of  the  Laws  of  1884,  which  incorporated  section  1 of  chapter  34 
of  the  Laws  of  1882,  providing  that  , 

“Whenever  in  any  proceeding  or  trial  it  becomes  necessary  to  e- 
termine  the^ge  of  a child,  such  childmay  be  produced  and  exhrbrted, 


4 


Manual  of  the  New  York  Society  for  the 


to  enable  the  magistrate,  court,  or  jury,  to  determine  its  age  by  a per- 
sonal inspection;  and  such  court  or  magistrate  may  direct  an  exam- 
ination by  one  or  more  physicians,  whose  opinion  shall  also  be  com- 
petent evidence  upon  the  question  of  such  age.” 

Determination  of  age. — The  act  of  1882  confers  upon  the  mag- 
istrate the  power  to  determine  the  age  of  the  child  by  personal  inspec- 
tion, and  he  is  not  obliged  to  direct  an  examination  by  a physician  for 
that  purpose.  Matter  of  Serafino,  Supreme  Court,  Chambers,  Law- 
rence, J.,  Daily  Register,  Dec.  13,  1883.  The  court  has  the  right  to 
rely  upon  its  own  judgment  as  to  a child’s  age.  The  People  v.  Bardo 
Cardillo,  N Y.  General  Sessions , Opinion  by  the  Recorder,  January 
20,  1883;  Reg.  v.  Viasani,  Opinion  by  Cockburn,  C.  J.,  31  fustice 
of  the  Peace , 260;  State  v.  Arnold,  13  Ired.  184. 

Evidence  as  to  age. — “An  entry  in  a family bible  has  been  con- 
sidered to  derive  credit  from  the  circumstances  of  its  being  entered 
in  a book  which  is  kept  as  the  ordinary  register  of  families,  and  as  ad- 
missible therefore  on  account  of  its  publicity  in  the  family,  without 
proofs  that  such  entry  was  made  by  a member  of  the  family.  But 
memoranda  inserted  in  other  books,  as  an  album,  a missal,  prayer- 
book,  and  any  other  family  documents  and  papers,  have  been  admitted 
in  evidence  to  show  the  fact  of  date  of  the  birth,  marriage,  or  death 
of  a child  or  other  relative  of  the  family.  This  latter  class  of  entries, 
however,  should  be  shown  either  to  have  been  acknowledged  or  treated 
by  the  relatives  as  a correct  family  memorial ; or,  in  the  case  of  ancient 
writings  at  least,  that  they  were  made  at  the  period  when  they  purport 
to  have  been  written.”  Phillip's  Evidence,  vol.  1,  p.  255  ; Greenleaf' s 
Evidence , § 104,  p.  119.  An  infant  may  testify  as  to  his  own  age. 
Banks  v.  Metcalf,  1 Wheel.  Cr.  Ca.  381. 

Copies  of  records  and  papers  are  presumptive  evidence 
when  duly  certified.— See  N V.  Code  of  Civ.  Pro.  § 933 ; also  U. 
S.  R.  S.  2d  ed.  1878,  §§  905,  906. 

Presumption  of  incapacity. — The  common  law  presumes  an 
infant  under  fourteen  incapable  of  committing  crime,  but  this  presump- 
tion is  only  piima  facie.  The  People  v.  Davis,  1 Wheel.  C.  C.  230  ; 
The  People  v.  Teller,  Id.  231;  The  People  v.  Randolph,  2 Park.  Cr. 
174 : The  People  v.  Walker,  5 City  Hall  Record,  127 ; Stage’s  Case, 
Id.  177;  Barb . Crim.  Law,  567. 

Of  what  offenses  infants  may  he  convicted.— Murder.  Rex 
v.  York,  1 Leading  Crim.  C.  71.  Rape,  if  it  is  proved  that  he  has 
reached  the  age  of  puberty,  and  is  capable  of  committing  the  crime. 
The  Commonwealth  v.  Green,  2 Pick.  380.  Felony.  Angelo  v.  The 
People,  36  Am.  R.  132.  Breach  of  the  peace.  Bullock  v.  Babcock,  3 
Wend.  391.  False  pretences.  The  People  v.  Kendall,  25  Wend.  399. 

Evidence  sufficient  to  convict. — To  convict  an  infant  of  a fel- 
ony the  strongest  and  clearest  proof  of  his  capacity  to  entertain  a crim- 
inal intent  is  necessary.  Angelo  v.  The  People,  96  Illinois,  209 ; s. 
c.  36  Am.  Rep.  132 ; Reg.  v.  Vamplew,  3 Post.  6°  F.  520. 


5 


Prevention  of  Cruelty  to  Children . 

Capacity. — The  question  of  capacity  to  know  good  from  evil  is 
one  of  fact  for  the  jury.  The  People  v.  Davis,  supra ; The  People  v. 
Walker,  supra ; Stage’s  Case,  supra. 

Confessions.— Confessions  of  an  infant,  otherwise  competent,  are 
admissible  against  him  in  the  same  manner  as  confessions  of  adults,  if 
the  corpus  delicti  be  otherwise  proved.  Reg.  v.  Reeve,  12  Cox's  Crim. 
C.  179- 

Children  as  witnesses. — Wherever  there  is  intelligence  enough 
to  observe  and  narrate,  there  a child,  having  a due  sense  of  the  obli- 
gation of  an  oath,  can  be  admitted  to  testify.  Wharton's  Crim.  Ev. 
8th  ed.  § 266 ; The  People  v.  McGee,  1 Denio,  19;  1 Chit.  Cr.  Law , 
Riley’s  ed.  481;  Barb.  Crim.  Law , 421. 

Kidnapping, 

§ 21 1.  A person  who  willfully— 

1.  Seizes,  confines,  inveigles,  or  kidnaps  another,  with 
intent  to  cause  him,  without  authority  of  law,  to  be  secret- 
ly confined  or  imprisoned  within  this  State,  or  to  be  sent 
out  of  the  State,  or  to  be  sold  as  a slave,  or  in  any  way 
held  to  service  or  kept  or  detained,  against  his  will 
[Form  No.  1]  ; or 

Intent. — It  is  the  inveigling  with  intent  to  sell,  or  to  cause  the 
person  inveigled  to  be  imprisoned,  etc.,  which  constitutes  the  crime. 
It  is  sufficient  if  the  intent  be  conceived  within  the  State  though  the 
act  be  committed  without  the  State.  The  People  v.  Merrill,  2 Park. 
Cr.  590;  s.  c.  14  N.  Y.  75.  Where  a seaman  is  forcibly  or  fraudu- 
lently taken  on  shipboard  with  the  intent  and  expectation  that  he  will 
be  carried  out  of  the  State,  the  offense  is  complete,  even  though  the 
ship  be  not,  in  fact,  destined  to  leave  the  State.  Hadden  v.  The 
People,  25  H.  Y.  373  ; Thompson’s  Case,  2 City  H.  Pec.  120. 

The  intent  is  assumed  from  the  act  itself.  People  v.  Tinsdale,  10 
Abb.  Pr.  R.  N.  S.  374.  It  need  not  be  averred  or  proven.  Nutt  v. 
The  State,  19  Texas , 340;  Manes  v.  The  State,  20  Id.  38;  Com- 
monw.  v.  Brooks,  9 Gray  (Mass.),  299.  When  an  act  is  in  itself  illegal 
the  law  presumes  evil  intention.  State  v.  Council,  1 Overton  (Tenn.), 
305;  People  v.  Brunell,  18  How.  Pr.  R.  435,  443,  in  point.  “It  is  a 
universal  principle  that  when  a man  is  charged  with  doing  an  act  of 
which  the  probable  consequence  may  be  highly  injurious,  the  intention 
is  an  inference  of  law  resulting  from  the  doing  of  the  act.  And  al- 
though he  may  have  had  another  object  in  view,  he  must  be  taken 
to  have  intended  that  which  is  the  natural  consequence  of  the  act.” 
Lord  Ellenborough,  in  Rex  v.  Dixon,  3 Maule  Set.  11. 

Inveigle. — To  persuade  to  something  bad;  to  wheedle;  to  en- 
tice; to  seduce ; to  beguile.  Webster' s Unabridged  Dictionary.  To  en- 

1* 


6 


Manual  of  the  New  York  Society  for  the 


tice  is  to  allure  to  ill ; to  attract ; to  lure,  to  draw  by  blandishments  or 
hopes ; to  decoy  ; to  tempt  ; to  seduce  ; to  coax.  Same.  Where  Italian 
children  were  induced  to  consent  to  come  to  America,  by  being  told  of 
the  “ beautiful  things  of  America;  ” that  they  would  make  plenty  of 
money,  etc.,  and  thereupon  such  children  came  to  America,  held, 
that  they  had  been  inveigled.  The  United  States  v.  Ancarola,  I 
Fed.  Rep.  676.  The  process  of  inveigling  or  enticing  may  be  the 
work  of  time.  Carpenter  v.  The  People,  8 Barb.  601.  Mere  per- 
suasion without  violence  may  amount  to  inveiglement.  Kauffman  v. 
The  People,  11  Hun,  82. 

Procuring  intoxication. — Procuring  the  intoxication  of  a 
sailor,  with  intent  to  take  him  on  board  ship  without  his  consent, 
and  taking  him  on  board  ship,  is  kidnapping;  and  it  is  immaterial 
whether  the  person  charged  with  the  offense  did  the  acts  in  person, 
or  caused  them  to  be  done.  Hadden  v.  The  People,  page  5,  supra. 

Arrest  without  warrant. — An  arrest  of  a person  within  this 
State,  by  a private  individual,  without  warrant,  for  the  purpose  of 
taking  such  person  without  the  State,  and  followed  by  such  abduc- 
tion, constitutes  a kidnapping  under  the  act.  Mandeville  v.  Guern- 
sey, 51  Barb.  99. 


Kidnapping  Child. 

2.  Leads,  takes,  entices  away,  or  detains  a child  under 
the  age  of  twelve  years,  with  intent  to  keep  or  conceal  it 
from  its  parent,  guardian,  or  other  person  having  the  law- 
ful care,  or  control  thereof,  or  to  extort  or  to  obtain 
money  or  reward  for  the  return  or  disposition  of  the 
child,  or  with  intent  to  steal  any  article  about  or  on  the 
person  of  the  child  [Form  No.  2]  ; or 

Taking. — As  to  what  constitutes  a taking,  see  authorities  cited 
under  preceding  subdivision,  also  under  § 282,  pages  7 and  8,  infra. 

Force  not  necessary. — It  is  not  necessary  that  force,  constraint, 
or  ill  usage  should  be  exercised  to  constitute  kidnapping.  The  State 
v.  Rollins,  8 N.  H.  550.  It  is  enough  to  show  that  the  mind  of  the 
person  taken  was  operated  upon  by  falsely  excited  fears,  etc.,  and  the 
age  and  condition  of  the  person  kidnapped  should  be  considered. 
Moody  v.  The  People,  20  III.  315. 

Kidnapping. 

3.  Abducts,  entices,  or  by  force  or  fraud  unlawfully 
takes  or  carries  away  another,  at  or  from  a place  without  the 
State,  or  procures,  advises,  aids,  or  abets  such  an  abduc- 


Prevention  of  Cruelty  to  Children . 


7 


tion,  enticing,  taking  or  carrying  away,  and  afterwards 
sends,  brings,  has,  or  keeps  such  person,  or  causes  him  to 
be  kept  or  secreted  within  this  State  [Form  No.  3]  ; 

As  to  persons  of  foreign  birth. — See  “The  Padrone  Law,” 
pages  36  and  37,  infra. 

Is  guilty  of  kidnapping,  and  is  punishable  by  impris- 
onment for  not  more  than  fifteen  years. 

Abduction  of  Female  under  Sixteen. 

§ 282.  A person  who — 

1.  Takes  a female  under  the  age  of  sixteen  years,  for 
the  purpose  of  prostitution  or  sexual  intercourse,  or  with- 
out the  consent  of  her  father,  mother,  guardian,  or  other 
person  having  legal  charge  of  her  person,  for  the  purpose 
of  marriage  [Form  No.  4]  ; or 

What  constitutes  a “ taking  under  the  statute.— Where 
an  act  provides  (9  Geo.  4,  c.  31,  § 20)  that  any  person  who  shall  take 
an  unmarried  female,  under  the  age  of  sixteen  years,  out  of  the  pos- 
session and  against  the  will  of  her  father  shall  be  guilty  of  a misde- 
meanor, held,  that  wherever  a man  and  a girl  within  the  statutory 
age  go  away  together  from  the  house  and  possession  of  the  girl’s 
father,  there  is  a taking  away  on  the  part  of  the  man,  though  he  act 
at  the  girl’s  suggestion,  and  with  her  consent.  Queen  v.  Biswell,  2 
Cox's  Ctim.  C.  279.  No  force,  actual  or  constructive,  need  be  used. 
Reg.  v.  Monktelow,  6 Cox's  Crim.  C.  143 ; Regina  v.  Kipps,  4 Coots 
C.  C.  167.  And  though  he  take  her  with  the  intention  of  permitting 
her  to  return  in  a short  time.  Regina  v.  Timmins,  8 Coots  C.  C.  401. 

Under  chapter  105  of  the  Laws  of,  1848  (N.  Y.),  held,  that  the 
term  “takes  away”  does  not  mean  an  actual  manual  caption  or  per- 
sonal assistance  or  force,  but  a person  comes  within  the  act  who  in 
any  manner  aids  or  assists  the  female  in  going  away  for  the  purpose 
mentioned  in  the  act.  Carpenter  v.  The  People,  8 Barb.  603.  But 
a positive  act  to  get  the  female  away  from  the  person  having  the  legal 
charge  of  her  in  order  to  introduce  her  to  an  indiscriminate  criminal 
intercourse  with  men,  constitutes  the  offense.  The  People  v.  Par- 
shall,  6 Park.  Cr.  129. 

Under  the  Illinois  statute,  similar  to  the  above,  when  a girl,  liv- 
ing with  her  parents,  was  persuaded  or  enticed  to  go  to  some  conven- 
ient place  from  her  father’s  house,  in  the  immediate  neighborhood, 
for  the  purpose  of  prostitution,  where  she  remained  only  for  an  hour 
or  two  at  a time  and  continued  to  live  with  her  father,  held,  that  such 
persuasion  or  inducement  constituted  an  abduction ; that,  if  such  in- 
ducements were  offered  as  led  the  girl  to  leave  her  home,  that  the 


8 Manual  of  the  New  York  Society  for  the 

taking  was  complete  ; that  the  purpose  of  the  taking,  contemplated 
by  the  statute,  is  one  existing  in  the  mind  of  the  perpetrator  of  the 
offense,  and  need  not  be  known  to  the  victim.  Slocum  v . The  Peo- 
ple, 90  III.  R.  274. 

Where  a girl  went  to  a house,  not  knowing  it  to  be  a house  of  pros- 
titution, and  was  there  detained  by  threats,  and  by  the  door  being  kept 
locked,  held,  that  such  acts  constituted  a taking  under  the  statute, 
though  no  personal  violence  was  used ; and  that  the  intent  could  be  in- 
ferred from  the  end  attained.  Beyer  v.  People,  86  N.  Y.  369 ; Schnick- 
er  v.  People,  88  N.  Y.  192.  See  also  authorities  cited  under  §211. 

Purpose  or  intent. — See  cases  cited  under  sec.  21 1,  page  5. 

Purpose  of  prostitution. — Indiscriminate  intercourse  with 
men  is  here  meant.  1 American  Cr.  R.  25;  State  v.  Ruhl,  8 Clarke 
(. Iowa ),  447,  453;  The  State  v.  Stoyell,  54  Me.  24.  But  evidence  of 
actual  prostitution,  or  of  force,  duress,  or  menace  is  not  necessary. 
Kauffman  v.  The  People,  11  Hun , 82. 

Persons  haying  legal  charge  of  her  person. — These  are  the 
persons  with  whom  she  resides  as  a member  of  the  family,  and  who 
have  her  wholly  under  their  care  and  protection.  The  State  v.  Ruhl, 

supra. 


Abduction  of  Unmarried  Female 

2.  Inveigles  or  entices  an  unmarried  female  under  the 
age  of  twenty-five  years,  of  previous  chaste  character,  into 
a house  of  ill-fame  or  of  assignation,  or  elsewhere,  for  the 
purpose  of  prostitution  or  sexual  intercourse  [Form  No. 
5l  ; or 

As  to  what  constitutes  inveigling. — See  authorities  collected 
under  sec.  21 1,  subd.  1,  pages  5 and  6. 

Recommending  female  to  house  of  prostitution.— Held  to 
be  a misdemeanor  at  common  law,  if  done  knowingly,  and  indictable 
as  such.  Wittenburgh’s  Case,  8 City  Hall  Rec.  49.  Held,  also,  to 
come  within  a statute  prohibiting  the  taking  of  a female  for  purposes 
of  prostitution.  The  People  v.  Cook,  61  Cal.  478. 

Unmarried  female. — The  evidence  of  the  female  enticed,  that 
she  was  unmarried  at  the  time,  is  sufficient  prima  facie  proof  to  bring  a 
case  within  the  statute.  The  People  v.  Kenyon,  5 Park.  Cr.  254,289. 

Previous  chaste  character. — To  sustain  an  indictment  actual 
chastity  must  be  shown.  General  reputation  for  unchastity  is  not  ad- 
missible. Lack  of  chastity  can  only  be  shown  by  proof  of  specific 
acts.  Kenyon  v.  The  People,  26  N.  Y.  203 ; Kauffman  v.  The  Peo- 
ple, 11  Hun , 82.  She  must  be  shown  to  have  been  actually  chaste  up 
to  the  commencement  of  the  acts  of  the  party  accused.  Carpenter  v. 
The  People,  8 Barb.  601. 


Prevention  of  Cruelty  to  Children. 


9 


What  constitutes  a house  of  ill-fame.— It  is  sufficient  if  it  be 
shown  that  the  house  is  open  promiscuously  to  the  public,  and  is  re- 
sorted to  for  purposes  of  prostitution.  The  keeping  of  a common 
bawdy  or  gambling  house  constitutes  the  house  so  kept  a disorderly 
house  and  an  indictable  nuisance  at  common  law.  It  is  not  an  essen- 
tia] element  that  it  should  be  so  kept  as  to  disturb  the  neighborhood 
by  noise,  or  that  the  immoral  practices  should  be  open  to  public  ob- 
servation. If  the  house  is  the  resort  of  prostitutes  plying  their  voca- 
tion there,  it  is  a bawdy  house.  Barnesciotta  v.  The  People,  io  Hun, 
137  ; affirmed,  69  N.  Y.  612;  King  v.  The  People,  83  N.  Y.  587  ; af- 
firming The  People  v.  King,  23  Hun,  148  ; Jacobowsky  v.  The  People, 
6 Hun,  524 ; affi’d,  64  N.  Y.  659. 

Abduction  by  Force. 

3.  Takes  or  detains  a woman  unlawfully  against  her 
will,  with  the  intent  to  compel  her  by  force,  menace,  or 
duress,  to  marry  him,  or  to  marry  any  other  person,  or  to 
be  defiled  [Form  No.  6]  ; or 

As  to  what  constitutes  a taking.— See  authorities  cited  under 
subdivision  one  of  this  section,  pages  7 and  8. 

Consent  to  Abduction. 

4.  Being  parent,  guardian,  or  other  person  having  legal 
charge  of  the  person  of  a female  under  the  age  of  sixteen 
years,  consents  to  her  taking  or  detaining  by  any  person 
for  the  purpose  of  prostitution  or  sexual  intercourse 
[Form  No.  7]  ; 

Amendment. — Section  2,  chapter  46,  Laws  1884,  amends  this 
section  by  adding  subdivision  4 as  above.  See  authorities  cited  under 
preceding  subdivisions,  pages  7,  8 and  9. 

Is  guilty  of  abduction,  and  punishable  by  imprison- 
ment for  not  more  than  five  years,  or  by  a fine  of  not 
more  than  one  thousand  dollars,  or  by  both. 

Abandonment  of  Child. 

§ 287.  A parent,  or  other  person,  having  the  care  or 
custody,  for  nurture  or  education,  of  a child  under  the 
age  of  six  years,  who  deserts  the  child  in  any  place, 
with  intent  wholly  to  abandon  it,  is  punishable  by  impris- 


IO 


Manual  of  the  New  York  Society  for  the 


onment  in  a State  prison  for  not  more  than  seven  years, 
or  in  a county  jail  for  not  more  than  one  year  [Form 
No.  8]. 

See  Penal  Code,  § 291,  subd.  2,  as  to  abandoned  child,  page  16 ; 
also  § 288,  infra , as  to  omission  to  furnish  food,  etc.;  also  § 289,  as 
to  endangering  life,  etc.,  of  child,  page  12. 

Person  having  the  custody. — Any  person  having  the  charge 
of  the  house  and  household  where  the  child  dwells  comes  within  the 
statute;  so  held  of  an  officer  of  a corporation.  Cowley  v.  The 
People,  83  N.  Y.  464. 

Abandonment. — If  one  exposes  or  abandons  a child,  incapable 
of  taking  care  of  itself,  to  cold  or  wet,  whereby  it  receives  an  injury, 
or  if  he  neglects  to  furnish  suitable  food  and  clothing,  he  is  indictable 
at  common  law  for  a misdemeanor;  or,  if  the  child  dies,  for  a felonious 
homicide.  Bishop's  Criminal  Law , 7th  ed.  vol.  I,  §§  557,  883,  and 
authorities  there  cited;  Wharton's  Criminal  Law , 8th  ed.  vol.  1,  § 331; 
The  Queen  v.  Renshaw,  2 Cox's  Cr.  Cas.  285.  Abandonment  is  not 
a continuous  act,  but  the  offense  is  complete  when  the  separation 
takes  place.  Bayne  v.  The  People,  14  Hun,  18 1. 

Intent. — The  intent  wholly  to  abandon  the  child  is  what  con- 
stitutes the  crime.  This  intent  must,  therefore,  be  proved,  either  by 
direct  evidence  or  circumstances.  Barb . Crim.  Law  ( N.  Y.),  13 1. 


Omission  to  furnish  Food.— Baby  Farming. 

§ 288.  A person  who  willfully  omits,  without  lawful 
excuse,  to  perform  a duty  by  law  imposed  upon  him  to 
furnish  food,  clothing,  shelter,  or  medical  attendance  to  a 
minor,  is  guilty  of  a misdemeanor  [Form  No.  9].  Any 
person,  other  than  a duly  incorporated  institution,  who 
receives,  boards,  or  keeps  more  than  two  foundlings,  aban- 
doned or  homeless  children  under  the  age  of  twelve  years, 
not  his  relatives,  apprentices,  pupils,  or  wards,  without 
legal  commitment,  or  without  having  first  obtained  a 
license  in  writing  so  to  do  from  a member  of  the  State 
Board  of  Charities,  or  from  the  Mayor  or  Board  of  Health 
of  the  city  or  town  wherein  such  children  are  received, 
boarded,  or  kept,  is  guilty  of  a misdemeanor  [Form  No. 
10].  Such  license  must  specify  the  name  and  age  of  the 


Prevention  of  Cruelty  to  Children . 


1 1 


child,  and  the  name  and  residence  of  the  person  so  un- 
dertaking its  care,  and  shall  be  revocable  at  will  by  the 
authority  granting  it.  It  shall  be  lawful  for  the  officers 
of  any  incorporated  society  for  the  prevention  of  cruelty 
to  children,  at  all  reasonable  times,  to  enter  and  inspect 
the  premises  wherein  such  child  is  so  boarded,  received, 
or  kept.  • 

Duty  imposed  by  law. — It  is  the  duty  of  a parent  by  common 
law  and  statute  to  maintain  his  child  until  the  latter  reaches  the  age 
of  twenty-one.  Criminal  Code,  § 921 ; Rex  v.  Chandler,  1 Jur.  {N. 
S.)  429  ; Cromwell  v.  Benjamin,  41  Barb . 558. 

Stranger*  when  liable. — One  who,  with  no  natural  or  legal 
duty,  voluntarily  seeks  and  assumes  the  care  and  custody  of  a child, 
is  amenable  to  the  statute  if  he  fails  to  perform  the  duty  required,  to 
the  injury  of  the  child.  The  People  v.  Cowley,  83  N.  Y.  464. 

Lack  of  means* — Where  the  parents  or  persons  having  the 
custody  of  the  child  have  not  the  means  of  support,  it  is  their  duty  to 
surrender  the  child  to  the  proper  authorities,  and  for  a failure  to  do 
so  they  are  liable  as  for  a violation  of  the  statute.  Reg.  v.  Mabbet, 
5 Cox’s  Crim.  Cases , 339;  The  People  v.  Cowley,  supra . 

Neglect  to  supply  food*  etc* — The  father  and  mother  of  a 
child  are  criminally  liable  for  willfully  neglecting  to  provide  a child 
with  proper  clothing,  food,  meat,  and  drink.  Reg.  v.  Ryland,  10 
Cox’s  Cr.  Ca.  569;  Reg.  v.  Mabbett,  supra. 

To  render  a person  liable  for  failure  to  supply  food  to  a child, 
some  duty  must  be  shown,  or  the  situation  of  the  parties  must  be 
such  as  to  create  an  obligation,  as,  where  a child  is  imprisoned  by 
a third  person,  such  person  is  bound  to  furnish  food.  Reg.  v. 
Edwards,  8 Car.  6°  Payne , 61 1. 

Where  a person  willfully  withholds  necessary  food  from  a child, 
with  the  intention  of  causing  death,  and  death  ensues,  such  person  is 
guilty  of  murder.  Where  a person  has  the  means  to  supply  a child 
with  necessaries,  and  negligently,  though  not  willfully,  withholds  such 
food,  and  the  child  dies,  such  person  is  guilty  of  manslaughter.  Reg. 
v.  Conde,  10  Cods  Cr.  Ca.  547. 

Neglect  to  supply  medical  aid. — Under  the  statute  (31  and 
32  Viet.  c.  122,  § 37)  which  makes  it  an  offense  for  any  parent  will- 
fully to  neglect  to  provide  medical  aid  for  his  child,  being  in  his 
custody,  and  under  the  age  of  fourteen  years,  whereby  the  health  of 
such  child  shall  have  been  or  is  likely  to  be  seriously  injured,  it  is 
manslaughter  if  the  child  die  from  such  neglect ; and  it  is  no  answer 
to  the  charge  of  manslaughter  that  the  parent  so  neglected  from  a 
conscientious  religious  belief  that  it  was  wrong  to  call  in  medical  aid 


12 


Manual  of  the  New  York  Society  for  the 


and  that  medical  aid  was  not  required,  and  not  from  any  intention  to 
disobey  the  law.  Reg.  v.  Downes,  13  Cox's  Cr.  Ca.  m. 

Willful  neglect.  — To  render  a neglect  of  duty  by  a public 
officer  willful  within  the  statute,  it  is  only  necessary  that  it  should 
appear  to  be  intentional,  and  it  is  no  defense  that  the  officer  believed 
he  was  not  bound  to  do  the  act.  The  People  v . Brooks,  1 Denior 
457;  to  same  effect,  Gardner  v.  The  People,  62  JV.  Y.  299.  When  a 
duty  is  imposed  on  a body  composed  of  several  persons,  each  is  indi- 
vidually liable  fo£  a breach  of  the  duty,  and  it  is  sufficient,  in  an 
indictment,  to  charge  willful  neglect  without  adding  corruption.  The 
King  v.  Holland,  5 Durn.  6°  East , 607. 

Baby  farming. — The  provisions  of"  the  section  relating  to  the 
receiving,  boarding,  and  keeping  of  children,  are  a re-enactment  of 
chapter  40  of  the  Laws  of  1883. 

Removal  of  children  improperly  detained. — Laws  of  1878, 
chapter  404,  § 2,  authorizes  such  removal  on  complaint  of  State  Board 
of  Charities. 


Endangering  Life  or  Health  of  Child. 

§ 289.  A person  who,  having  the  care  or  custody  of  a 
minor,  either 

1.  Willfully  causes  or  permits  the  minor’s  life  to  be  en- 
dangered, or  its  health  to  be  injured,  or  its  morals  to  be- 
come depraved  [Form  No.  11]  ; or 

2.  Willfully  causes  or  permits  the  minor  to  be  placed 
in  such  a situation,  or  to  engage  in  such  an  occupation, 
that  its  life  is  endangered,  or  its  health  is  likely  to  be  in- 
jured, or  its  morals  likely  to  be  impaired  [Form  No.  12]; 

Is  guilty  of  a misdemeanor. 

This  section  is  substantially  the  same  as  section  4 of  chapter  112 
of  the  Laws  of  1876,  entitled  “An  Act  to  prevent  and  punish  wrongs 
to  children. 

Construction  of  tile  Act  of  1876. — The  People  v.  Cowley,  21 
Hun , 415;  affi’d,  83  N.  Y.  464. 

Custody. — An  officer  of  an  institution,  having  the  general  man- 
agement thereof,  and  of  the  children  therein,  is  deemed  to  have  the 
custody  of  such  children  under  the  act.  People  v.  Cowley,  supra ; 
State  v.  Ruhl,  8 Iowa,  447. 

So  of  the  keeper  of  an  asylum  or  prison.  Wharton?  s Crim.  Law , 
8th  ed.  vol.  1,  sec.  333. 


Prevention  of  Cruelty  to  Children . 


13 


Duty  of  Custodian. — The  law  imposes  upon  a person  who  has 
a child  in  his  custody  the  duty  of  giving  him  food,  clothing,  care,  and 
medical  attendance,  reasonably  necessary  and  proper  to  keep  his  life 
from  danger  and  his  health  from  injury,  and  if  such  person  has  not 
the  means  it  is  his  duty  to  apply  to  the  public  authorities,  and  for 
failure  to  do  so  he  is  liable,  and  his  liability  is  the  same  if  the  custody 
of  the  child  is  voluntarily  assumed  by  a stranger  who,  at  the  time,  owes 
no  duty.  People  v.  Cowley,  supra. 

What  constitutes  neglect. — It  is  not  necessary  that  an  affirma- 
tive act  should  be  committed,  but  it  is  sufficient  if  one,  having  the 
custody  of  the  child,  willfully  omit  to  give  it  proper  and  wholesome 
food,  and  willfully  neglect  to  provide  for  and  give  it,  when  sick,  proper 
medicine  and  medical  attendance,  and  by  reason  of  such  omissions 
and  neglect  the  life  of  the  child  is  endangered  or  its  health  injured. 
People  v.  Cowley,  supra. 

Duration  of  neglect. — The  statute  does  not  require  the  offense 
to  be  made  out  by  proof  of  an  act  on  any  particular  day,  and  an  in- 
dictment is  good  averring  the  offense  on  a day  specified,  and  may  be 
sustained  by  proof  of  repeated  and  continuous  acts  or  neglects  result- 
ing in  the  effect  condemned  by  the  statute.  People  v.  Cowley,  supra. 

Punishment. — Severe  punishment  of  an  innocent  child  is  not 
justified  by  the  parent’s  belief  that  she  is  guilty.  Matter  of  Crawford, 
3 Monthly  Law  Bulletin,  51. 

The  power  which  the  law  grants  to  school-masters  and  teachers 
is  analogous  to  that  which  belongs  to  parents,  and  the  authority  of 
the  teacher  is  regarded  as  a delegation  of  parental  authority.  The 
law  allows  moderate  correction,  the  welfare  of  the  child  being  the 
main  purpose.  Any  punishment  which  may  seriously  endanger  life, 
limbs,  or  health,  or  shall  disfigure  the  child  or  cause  any  other  per- 
' manent  injury,  may  be  pronounced  in  itself  immoderate,  as  not  only 
being  unnecessary  for,  but  inconsistent  with,  the  purpose  for  which 
correction  is  authorized.  Where  the  punishment  is  not  immoderate, 
the  legality  must  depend  on  the  animus  with  which  it  is  administered. 
The  State  v.  Pendergrass,  2 Devereux  6°  Battle  (. N . C.),  365  ; The 
State  v.  Alford,  78  N.  C.  322. 

Endangering  life. — Where  a child  was  exposed  to  the  weather, 
and  left  alone  in  a room  where  a fire  was  burning,  Held,  that  such 
child’s  life  was  thereby  endangered.  The  People  ex  rel.  Newby  v. 
The  N.  Y.  S.  P.  C.  C.,  Report  of  Hon.  Nelson  J.  Waterbury,  referee; 
confirmed  by  Supm.  Ct.  Sp.  Term,  Donohue,  J.,  Daily  Register,  Mar. 
27,  1881. 

Children  in  Theatres,  etc.— Games  of  Chance. 

§ 290.  A person  who  admits  to,  or  allows  to  remain  in 
any  dance-house,  concert  saloon,  theatre,  museum,  or  in 
2 


14 


Manual  of  the  New  York  Society  for  the 


any  place  where  wines  or  spirituous  or  malt  liquors  are 
sold  or  given  away,  or  in  any  place  of  entertainment  in- 
jurious to  health  or  morals,  owned,  kept,  or  managed  by 
him  in  whole  or  in  part,  any  child  actually  or  apparently 
under  the  age  of  sixteen  years,  unless  accompanied  by  its 
parent  or  guardian,  is  guilty  of  a misdemeanor  [Form 
No.  13].  Any  person  who  shall  suffer  or  permit  any  such 
child  to  play  any  game  of  skill  or  chance  in  any  such 
place,  or  in  anyplace  adjacent  thereto,  or  to  be  or  remain 
therein,  shall  be  guilty  of  a misdemeanor  [Form  No.  14]. 

See,  also,  Penal  Code,  § 291,  as  to  disposition  of  child  found  in 
dance-house,  etc.,  page  18. 

Laws  of  1882,  chapter  410,  — Section  2009.  It  shall  not  be  law- 
ful for  any  owner,  lessee,  manager,  agent,  or  officer  of  any  theatre  in 
the  city  of  New  York  to  admit  to  any  theatrical  exhibition,  held  in 
the  evening,  any  minor  under  the  age  of  fourteen  years,  unless  such 
minor  is  accompanied  by  and  is  in  the  care  of  some  adult  person* 
Any  person  violating  the  provision  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  liable  to  a fine  of  not  less  than  twenty- five 
dollars  nor  more  than  one  hundred  dollars,  or  imprisonment  for  a 
term  not  less  than  ten  nor  more  than  ninety  days,  for  each  offense. 
All  moneys  recovered  under  the  provisions  of  this  section,  for  fines, 
shall  be  paid  over  to  the  treasurer  of  the  Society  for  the  Reformation 
of  Juvenile  Delinquents  in  the  City  of  New  York,  for  the  benefit  of 
such  society. 

Games  of  chance  or  skill. — Chapter  46  of  the  Laws  of  1884 
amended  this  section  as  above  by  adding  the  provisions  therein  con- 
tained as  to  the  playing  of  games  of  chance  or  skill  by  children,  there- 
by re-enacting  section  2 of  chapter  496  of  the  Laws  of  1881. 

Manager. — When  the  name  of  a person  appeared  on  signs  on 
the  walls  of  a concert  saloon  as  “manager/’  and  where  such  person 
was  seated  at  a desk  and  gave  directions,  Held , that  such  facts  con- 
stituted him  the  manager  of  the  place  within  the  act.  The  People  v. 
Geoghegan,  Supm.  Ct.  Sp.  Term , Barrett,  J.,  Apr.  25,  1883. 


Children  Under  Sixteen. 

§ 291.  Any  child  actually  or  apparently  under  the  age 
of  sixteen  years  who  is  found: 

Amendment. — Laws  of  1884,  chapter  46,  section  5,  amended  this 
section  as  above  by  making  the  age  sixteen  years  in  all  cases. 


Prevention  of  Cruelty  to  Children . 15 

Begging,  Gathering  Bags,  etc. 

1.  Begging  or  receiving  or  soliciting  alms,  in  any  man- 
ner or  under  any  pretense ; or  gathering  or  picking  rags, 
or  collecting  cigar  stumps,  bones,  or  refuse  from  markets 
[Form  No.  15]  ; or 

See  Penal  Code,  § 292,  as  to  persons  employing,  etc.,  children  to 
beg,  page  23. 

What  constitutes  begging. — Where  the  evidence  showed  that 
a boy,  a cripple,  was  seen  on  the  public  street  holding  out  his  hand 
to  several  persons,  and  receiving  money,  Held , that  such  acts  consti- 
tute “ begging  alms”  under  2 R.  S.  p.  837,  sec.  4,  relating  to  “ any 
child  found  begging  for  alms,”  etc.,  though  no  spoken  words  are 
proved.  Matter  of  Haller,  12  Hun , 13 1. 

Gathering  rags*  etc. — Chapter  46  of  the  Laws  of  1884  amended 
this  subdivision,  as  above,  by  adding  the  provisions  therein  contained 
as  to  gathering  rags,  etc.,  thereby  re-enacting  section  1 of  chapter  496 
of  the  Laws  of  1881. 

Collecting  cigar  stumps,  etc.— The  collecting  of  cigar  stumps 
or  refuse,  whether  from  markets  or  other  places,  is  within  the  act. 
People  ex  rel.  Coreado  v.  Catholic  Protectory,  Supm.  Cl.  Chambers , 
Lawrence,  J.,  Mar.  27,  1882.  To  same  effect,  Matter  of  Allegi, 
Supm.  Ct.  Chambers , Bartlett,  J.,  Daily  Deg.,  Aug.  22,  1884. 

Permitting  child  to  collect  cigar  stumps,  etc.— Chapter 

428,  Laws  of  1877,  sec.  2,  as  amended  by  chapter  496,  Laws  of  1881, 
reads  as  follows : 

§ 3.  Every  person  having  the  custody  of  any  child  under  the  age 
of  fourteen  years,  who  shall  permit  or  neglect  to  restrain  such  child 
from  begging,  gathering,  picking,  or  sorting  rags,  or  from  collecting 
cigar  stumps,  bones,  or  refuse  from  markets,  shall  be  guilty  of  a mis- 
demeanor [Form  No.  34].  And  any  such  child  found  engaged  in 
any  such  occupation  or  business  may  be  arrested  and  dealt  with  as 
hereinafter  provided.  Any  person  violating  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  with  a fine  of  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars. 

Homeless  and  Abandoned  Children, 

2.  Not  having  any  home  or  other  place  of  abode  or 
proper  guardianship ; or  who  has  been  abandoned  or 
improperly  exposed  or  neglected,  by  its  parents  or  other 
person  or  persons  having  it  in  charge,  or  being  in  a state 
of  want  or  suffering  [Form  No.  16]  ; or 


1 6 


M anual  of  the  New  York  Society  for  the 


See  also  § 287  of  Penal  Code  as  to  abandonment  of  child,  page  9 ; 
also  § 288  of  Penal  Code,  as  to  neglect  to  supply  food,  clothing, 
etc.,  page  10. 

Abandonment  upder  Laws  of  1882,  cli.  410. — § 1463.  If  any 

child  be  found  in  a state  of  want  and  suffering,  or  being  abandoned 
or  improperly  exposed,  or  neglected  by  its  parents,  or  such  other  per- 
son as  may  have  it  in  charge,  or  begging  for  alms,  or  soliciting  charity 
from  door  to  door,  or  in  any  street,  highway,  or  public  place  within 
the  city,  the  recorder  or  any  police  justice  shall,  on  complaint  and 
competent  proof  thereof,  commit  such  child  to  the  almshouse  or  other 
place  provided  for  the  support  of  the  poor,  to  be  kept  employed  and 
instructed  in  useful  labor,  until  discharged  by  the  commissioners  of 
charities  and  correction,  or  until  bound  out  by  said  commissioners  as 
an  apprentice  by  them ; and  the  aforesaid  provisions  shall  extend  to 
the  children  of  all  such  persons  as  may  be  convicted  of  being  common 
prostitutes,  or  keepers  of  bawdy-houses  or  houses  for  the  resort  of 
common  prostitutes. 

See  § 291,  subd.  5,  Penal  Code,  page  18;  also  Laws  of  1884,  chap- 
ter 438,  sec.  2 (cited  in  full  at  pages  38  and  39,  infra),  as  to  place  of 
commitment. 

Abandonment  and  exposure. — As  to  what  constitutes,  see 
authorities  cited  under  §§  287  and  288  of  Penal  Code,  pages  9 and  10 ; 
also  Laws  of  1882,  chapter  410,  § 1463,  supra. 

Proper  guardianship. — Where  a young  child  lived  for  some 
years  with  a woman  who  neglected  to  provide  proper  food,  clothing, 
care,  and  amusement,  and  endangered  his  health  by  exposing  him  to 
the  weather  and  by  leaving  him  alone  for  hours,  though  no  physical 
violence  was  used,  Held , that  such  child  was  without  proper  guardian- 
ship. The  People  ex  rel.  Newby  v.  The  N.  Y.  S.  P.  C.  C.,  Report 
of  Hon.  Nelson  J.  Waterbury,  Referee;  confirmed  by  Supreme  Court, 
Special  Term,  Donohue,  J.,  Daily  Register , March  27,  1884. 

Children  of  Vicious  Parents. 

3.  Destitute  of  means  of  support,  being  an  orphan,  or 
living  or  having  lived  with  or  in  custody  of  a parent  or 
guardian  who  has  been  sentenced  to  imprisonment  for 
crime,  or  who  has  been  convicted  of  a crime  against  the 
person  of  such  child,  or  has  been  adjudged  an  habitual 
criminal  [Form  No.  17]  ; or 

Destitute  Of  means  Of  support.— A destitute  child  should  be 
surrendered  to  the  proper  authorities.  People  v.  Cowley,  83  N Y. 
464. 

Habitual  Criminals.— See  § 510,  Code  of  Criminal  Procedure, 
and  § 690,  Penal  Code. 


Prevention  of  Cruelty  to  Children . 


i7 


Children  in  Houses  of  Prostitution,  Theatres, 

etc. 

4.  Frequenting  or  being  in  the  company  of  reputed 
thieves  or  prostitutes,  or  in  a reputed  house  of  prostitu- 
tion or  assignation,  or  living  in  such  a house  either  with  or 
without  its  parent  or  guardian  [Form  No.  18],  or  being  in 
concert  saloons,  dance-houses,  theatres,  museums,  or  other 
places  of  entertainment,  or  places  where  wines,  malt  or 
spirituous  liquors  are  sold,  without  being  in  charge  of  its 
parent  or  guardian  [Form  No.  19]  ; or  playing  any  game 
of  chance  or  skill  in  any  place  wherein  or  adjacent  to 
which  any  beer,  ale,  wine,  or  liquor  is  sold  or  given  away, 
or  being  in  any  such  place  [Form  No.  20]  ; or 

See,  also,  § 290,  Penal  Code,  as  to  persons  allowing  minors  to  re- 
main in  theatres,  etc.,  page  13. 

Female  under  sixteen  detained  for  purposes  of  prosti- 
tution.— See  Laws  1881,  chapter  496,  § 3. 

Section  3.  Upon  complaint  under  oath  or  affirmation  to  any 
magistrate  authorized  to  issue  warrants  in  criminal  cases,  if  in  the 
judgment  of  said  magistrate,  that  the  complainant  has  just  and  reason- 
able cause  to  suspect  that  any  female  child  under  the  age  of  sixteen 
years  is  living  or  detained  or  kept  in  any  house  or  place  for  the  pur- 
poses of  prostitution,  such  magistrate  shall  immediately  issue  and  de- 
liver a warrant  to  any  person  authorized  by  law  to  make  arrests, 
authorizing  him  to  enter  and  search  such  house  or  place,  and  to  arrest 
and  bring  any  such  child  found  therein,  together  with  any  person 
occupying  such  house  or  place,  or  in  charge  thereof,  before  such 
magistrate  of  competent  jurisdiction,  to  be  dealt  with  according  to 
law  [Forms  Nos.  21  and  39]. 

Laws  of  1882>  ch.  4-10. — § 1466.  Whenever  any  female  be- 
tween the  ages  of  fourteen  and  twenty-one  years  shall  be  brought 
by  the  police,  or  shall  voluntarily  appear  before  a committing  magis- 
trate in  the  city  of  New  York,  charged  with  being  a prostitute,  or  ad- 
mitting herself  to  be  such,  and  professing  a desire  to  reform,  and  it 
shall  appear  that  such  female  has  never  been  an  inmate  of  the  peni- 
tentiary, such  magistrate  shall  make  an  order  that,  in  lieu  of  being  com- 
mitted to  the  workhouse  or  penitentiary,  the  said  female  shall  be  re- 
moved to  and  detained  in  one  of  the  following  institutions,  viz. : the  Prot- 
estant Episcopal  House  of  Mercy,NewWork,the  Roman  Catholic  House 
of  the  Good  Shepherd,  foot  of  89th  street,  or  the  Magdalen  Female 
Benevolent  Asylum  and  Home  of  Fallen  Women,  provided  that  the 
magistrate  shall  designate  in  such  order  as  the  place  of  detention  such 

2* 


i8 


Manual  of  the  New  York  Society  for  the 


one  of  the  institutions  above  named  as  may  be  selected  by  the  person 
so  committed,  unless  notice  shall  have  been  received  from  such  insti- 
tution that  there  is  not  room  for  the  reception  of  further  inmates. 

(dailies  of  chance  or  skill. — Chapter  46  of  the  Laws  of  1884 
amends  this  subdivision  by  adding  the  provisions  therein  contained 
as  to  the  playing  of  games  of  chance  or  skill  by  children,  thereby  re- 
enacting § 2 of  chapter  496  of  the  Laws  of  1881. 


Prohibited  Employments. 

5.  Coming  within  any  of  the  descriptions  of  children 
mentioned  in  section  two  hundred  and  ninety-two, 

[Information  against  child  employed  as  an  acrobat,  etc.,  Form 
No.  22.] 

[Information  against  child  employed  as  a singer  or  musician, 
Form  No.  23.] 

See  § 292,  Penal  Code,  pages  22  et  seq. 

Commitment  of  Children. 

must  be  arrested  and  brought  before  a proper  court 
or  magistrate,  as  a vagrant,  disorderly  or  destitute  child. 
Such  court  or  magistrate  may  commit  the  child  to  any 
charitable,  reformatory,  or  other  institution  authorized  by 
law  to  receive  and  take  charge  of  minors,  or  may  make 
any  disposition  of  the  child  such  as  now  is  or  hereafter 
may  be  authorized  in  the  cases  of  vagrants,  truants,  pau- 
per or  disorderly  persons  [Commitment,  Form  No.  40]. 
And  no  commitment  of  a child  which  shall  recite  therein 
the  facts  upon  which  it  is  based  shall  be  deemed  invalid 
by  reason  of  any  neglect  or  omission  by  the  court  or  magis- 
trate by  whom  such  commitment  is  made  to  file  any  docu- 
ments, papers,  or  proceedings  relating  thereto. 

See  also  § 713,  Penal  Code,  page  30,  infra , as  to  place  of  committal. 

Constitutionality. — Vagrancy  acts,  and  acts  for  the  prevention 
and  punishment  of  wrongs  to  children  declared  to  be  constitutional. 
Matter  of  Forbes,  4 Park . C.  P.  61 1 ; Duffy  v.  The  People,  1 Hill , 
355;  s.  c.  6 Hill , 75;  Matter  of  Donohue,  1 Abb.  N.  C.  1. 

Intention  Of  the  law. — “ The  intention  of  the  law  is  not  to 
punish  such  children,  but  to  protect  and  provide  for  their  necessities 


Prevention  of  Cruelty  to  Children. 


x9 


with  tender  care,  and  it  would  be  a great  mistake  to  hold  that  the 
statute  does  not  include  such,  as  by  reason  of  their  appalling  misfor- 
tunes, need  do  nothing  but  silently  attract  attention  to  themselves  to 
receive,  gifts  of  charity,  unasked  for  in  words,  but  really  solicited  by 
far  more  touching  appeals.  The  poor  boy  in  this  case,  while  creep- 
ing through  the  throng  of  people  on  Broadway  and  Wall  street,  and 
raising  his  hand  to  receive  their  alms,  was  accomplishing  the  purpose 
of  begging  in  a mode  far  more  effective  than  to  have  sat  at  a corner 
and  cried  out  to  every  passer  by  for  charity.5 5 Matter  of  Haller,  12' 
Hun , 1 3 1.  % 

“ The  amendment  of  1881  does  not,  in  my  judgment,  change  the 
protection  to  children.  That  the  General  Term  has  held  the  act  to 
be.  So  far  as  taking  from  the  parent  possession  of  the  child  is  con- 
cerned, I know  nothing  in  the  law  to  prevent  the  Legislature  from 
making  the  child  of  age  at  any  year,  and  certainly  the  greater  includes 
the  less,  and  they  can  make  the  child  the  subject  of  protection  at  all 
ages.  Writ  dismissed  and  child  remanded.55  Matter  of  Delamega  ; 
also,  Matter  of  Mazzoni,  Donohue,  J.,  Supreme  Court,  Chambers, 
Daily  Register , September  28,  1881. 

Vagrancy  acts  are  in  the  nature  of  public  regulations  to  prevent 
crime  and  public  charges  and  burdens,  rather  than  of  the  nature  of 
ordinaiy  criminal  laws  prohibiting  and  punishing  an  act  or  acts  as  a 
crime  or  crimes ; if  the  condition  of  a person  brings  him  within  the 
description  of  the  statute,  he  may  be  convicted  and  imprisoned, 
whether  such  a condition  is  his  misfortune  or  his  fault.  Matter  of 
Forbes,  supra. 

Proper  court  or  magistrate.— In  New  York  city  police  jus- 
tices have  jurisdiction  under  this  act.  Matter  of  Moses  (Gen.  Term), 
13  Abb.  N.  C.  189  ; s.  c.  N.  V.  Crim.  Reports , 508  ; Matter  of  Fina, 
Supreme  Court,  Chambers,  Lawrence,  J.,  Daily  Reg.,  September  27, 
1881. 

Notice  to  parents. — In  the  case  of  children  committed  under 
this  act  notice  to  parents  is  not  necessary.  People  ex  rel.  Lopardo  v. 
Catholic  Protectory  (and  three  other  cases),  Supreme  Court,  Chambers, 
Cullen,  J.,  61  How.  Pr.  445.  To  same  effect,  Matter  of  Fina,  supra. 

Institutions* — The  New  York  Society  for  the  Prevention  of 
Cruelty  to  Children  is  authorized  by  law  to  receive  children  on  com- 
mitment. Chapter  112,  Laws  1875.  Matter  of  Kieley,  Com.  Pleas, 
Spec.  Term,  1 Monthly  Law  Bulletin , 74  ; Matter  of  Donohue,  Su- 
preme Court,  Chambers,  1 Abb.  N.  C.  1 ; The  People  ex  rel.  Newby  v. 
N.  Y.  S.  P.  C.  C.,  supra.  Particulars  as  to  other  institutions  located 
in  New  York  city,  which  receive  on  commitment,  will  be  found  in 
Appendix,  pages  77-80,  infra. 

Commitment.— Where  a commitment  recited,  in  substance,  that 
certain  children,  being  under  the  age  of  fourteen,  were  charged,  under 
oath,  with  being  vagrants,  viz.,  “ engaged  in  the  occupation  of  beg- 
ging under  the  pretext  of  peddling,  and  of  frequenting  the  company 
of  prostitutes,55  etc.,  at  a time  and  place  named  ; that  the  magistrate 


20  Manual  of  the  New  York  Society  for  the 

caused  such  persons  to  be  brought  before  him  for  examination,  and 
proceeded  to  inquire  into  the  matter;  and  thereupon,  having  read  the 
proofs  and  considered  the  matter,  convicted  such  children  of  being 
vagrants  and  committed  them  to  the  House  of  Refuge.  He{d,  that 
the  offenses  were  sufficiently  charged;  that  the  commitment  was  reg- 
ular on  its  face,  and  that  the  facts  were  sufficiently  stated  and  gave 
the  magistrate  jurisdiction.  Matter  of  Moses,  I N.  Y.  Crim.  R. 
508;  s.  C.  13  Abb.  N.  C.  189. 

* When  a statute  gives  a precise  definition  of  vagrancy,  the  magis- 
trate must  follow  it,*and  insert  it  in  the  warrant  of  commitment,  if  he 
•determines  the  individual  to  be  a vagrant  and  attempts  to  state  the 
facts  which  constitute  vagrancy  ; otherwise  the  commitment  is  void. 
Matter  of  Forbes,  19  How.  Pr.  457. 

It  is  not  necessary  that  the  warrant  should  contain  the  names  of 
the  witnesses  or  the  testimony  given  by  them ; it  is  sufficient  if  it  con- 
tain a brief  statement  of  the  offense  charged,  and  the  conviction  and 
judgment  thereon.  People  v.  Neilson,  16  Hun , 214. 

A commitment  for  vagrancy  should  state  that  the  person  is  a vag- 
rant, but  need  not  state  all  the  particulars  necessary  to  make  out  the 
offense.  Matter  of  Gray,  11  Abb.  Pr.  56;  People  v.  Moore,  3 Park. 
Cr.  465  ; Matter  of  Hogan,  55  How.  Pr.  458. 

Commitment  to  House  of  Refuge.— It  is  not  necessary  that 
the  commitment  of  a juvenile  offender  to  the  House  of  Refuge  in  the 
city  of  New  York  should  specify  the  period  of  imprisonment;  for  this 
is  fixed  by  the  statute.  People  v.  Degnen,  6 Abb . Pr.  N.  S.  87 ; s.  c. 
54  Barb.  105. 

Commitment  a final  judgment. — A commitment  by  a magis- 
trate having  jurisdiction  is  a final  judgment  under  the  habeas  corpus 
net  (sec.  2016,  Code  of  Civil  Procedure),  and  cannot  be  reviewed. 
Matter  of  Moses,  supra  ; Matter  of  Wright,  29  Hun,  357;  Matter  of 
Donohue,  1 Abb.  J\T.  C.  1 ; People  ex  rel.  Tweed  v.  Liscomb,  60  N. 
Y.  559  ; People  ex  rel.  Roddy  v.  N.  Y.  Juvenile  Asylum,  12  Abb.  Pr. 
92;  Matter  of  Baker,  11  How.  Pr.  418,425. 

Statement  of  age. — A recital  in  a commitment  of  the  age  of  a 
child  is  a final  adjudication  which  cannot  be  inquired  into  on  habeas 
corpus.  The  People  v.  The  Superintendent,  etc.,  8 Abb.  Pr.  N.  S. 
112;  The  People  v.  The  Keeper,  etc.,  37  How.  Pr.  494. 

A recital  in  a commitment  that  a child  is  “ aged  fourteen  years,” 
without  words  of  limitation,  such  as  “ no  more,”  is  sufficient,  and  es- 
tablishes the  fact  that  the  child  is  liable  under  the  act.  Matter  of 
Roach  (Gen.  Term),  18  Weekly  Dig.  514. 

Erroneous  recital. — An  erroneous  recital  of  the  title  of  Jhe 
court  making  the  commitment,  will  not  invalidate  the  commitment. 
Matter  of  Coughlin,  62  How.  Pr.  34. 

When  magistrate’s  power  is  exhausted.— After  a person  has 
been  convicted  under  the  acts  relative  to  disorderly  persons,  and  a 
record  of  conviction  has  been  made  up  and  signed  (though  not  filed), 


Prevention  of  Cruelty  to  Children. 


21 


the  committing  magistrate  has  no  power  to  discharge  the  prisoner,  or 
to  tak^a  recognizance.  People  v.  Duffy,  5 Barb.  205  ; People  v. 
Brown,  23  Wend.  47. 

Neglect  to  file  papers. — Chapter  46  of  the  Laws  of  1884  amends 
this  subdivision  by  adding  the  provisions  therein  contained  as  to  neg- 
lect or  omission  to  file  papers,  thereby  re-enacting  part  of  section  4, 
chapter  496,  Laws  of  1881. 

Omission  to  file  record  of  conviction. — The  omission  to  file  the 
certificate  was  a neglect  of  duty  on  the  part  of  the  magistrate,  which, 
if  willful,  would  subject  him  to  punishment  as  for  a misdemeanor,  but 
it  cannot  invalidate  the  judgment  of  the  Court  of  Special  Sessions  held 
by  him.  The  People  ex  rel.  Hoey  v.  Sup’t  House  of  Refuge,  Supm. 
Ct.,  April,  i860,  MS.  opinion. 

It  is  no  longer  necessary,  in  order  to  sustain  a commitment  upon  a 
conviction  in  a Court  of  Special  Sessions  in  the  city  of  New  York,  that 
a record  of  the  conviction  should  be  filed  in  the  county  clerk’s  office. 
Matter  of  Williamson  (1867),  Supm.  Ct.,  3 Abb.  Pr.  N.  S.  244. 


Child  held  on  Criminal  Charge,  or  as  a Wit- 
ness, etc. 

6.  Any  magistrate  having  criminal  jurisdiction  may 
commit  temporarily  to  an  institution  authorized  by  law  to 
receive  children  on  final  commitment,  and  to  have  com- 
pensation therefor  from  the  city  or  county  authorities,  any 
child  under  the  age  of  sixteen  years  who  is  held  for  trial  on 
a criminal  charge  [Commitment,  Form  No.  40];  and  may, 
in  like  manner,  so  commit  any  such  child  held  as  a witness 
[Information,  Form  No.  24]  to  appear  on  the  trial  of  any 
criminal  case  [Commitment,  Form  No.  41];  which  institu- 
tion shall  thereupon  receive  the  same  and  be  entitled  to 
the  like  compensation  proportionally  therefor  as  on  final 
commitment,  but  subject  to  the  order  of  the  court  as  to 
the  time  of  detention  and  discharge  of  the  child.  Any 
such  child  convicted  of  any  misdemeanor  shall  be  finally 
committed  to  some  such  institution,  and  not  to  any  prison, 
or  jail,  or  penitentiary,  longer  than  is  necessary  for  its 
transfer  thereto.  No  child  under  restraint  or  conviction, 
actually  or  apparently  under  the  age  of  sixteen  years,  shall 


22 


Manual  of  the  New  York  Society  for  the 


be  placed  in  any  prison  or  place  of  confinement,  or  in  any 
court-room,  or  in  any  vehicle  for  transportation,  in  com- 
pany with  adults  charged  with  or  convicted  of  crime,  ex- 
cept in  the  presence  of  a proper  official. 

Amendment  —Section  5,  chapter  46,  Laws  of  1884,  amends  sec. 
291  of  the  Penal  Code  by  adding  the  above  subdivision,  thereby  re-en- 
acting a portion  of  section  4,  chapter  440,  Laws  of  1881,  and  the  whole 
of  section  4,  chapter  428,  Laws  1877. 

Persons  Employing  Children. 

§ 292.  A person  who  employs,  or  causes  to  be  em- 
ployed, or  who  exhibits,  uses,  or  has  in  his  custody  for  the 
purpose  of  exhibiting  or  employing,  any  child  apparently 
or  actually  under  the  age  of  sixteen  years  [Form  No.  25], 
or  who,  having  the  care,  custody,  or  control  of  such  a child, 
as  parent,  relative,  guardian,  employer,  or  otherwise,  sells, 
lets  out,  gives  away,  or  in  any  way  procures  or  consents 
to  the  employment  or  exhibition  of  such  a child  [Form 
No.  26]  either, 


In  Gymnastics,  etc. 

1.  As  a rope  or  wire  walker,  dancer,  gymnast,  contor- 
tionist, rider,  or  acrobat  [Forms  Nos.  25  and  26];  or 

Acrobats  and  gymnasts. — Where  three  boys,  of  the  respective 
ages  of  fourteen,  nine  and  eight  years,  were  employed  as  gymnasts 
and  acrobats  in  a circus,  Held,  that  such  occupation  was  dangerous, 
physically  and  morally;  the  contortions,  evolutions  and  performance 
of  the  acrobat  being  clearly  physically  dangerous,  and  the  surround- 
ings, accompaniments  and  companions  of  the  circus  ring  equally  so 
morally:  Held , that  such  children  were  properly  convicted  under  chap- 
ter 122,  Laws  1876  (in  substance  the  same  as  above  section),  and 
properly  committed  to  the  New  York  Society  for  the  Prevention  of 
Cruelty  to  Children.  Matter  of  Donohue,  1 Abb.  N.  C.  1. 

Rope  walker. — Where  a child  was  compelled  to  go  through  a 
performance  on  a tight  rope,  Held , that  such  performance  was  dan- 
gerous to  life  and  limb,  and  in  violation  of  the  act.  The  People  v. 
Leonard,  Donohue,  J.,  Dec.  11,  1876. 

Riding. — Where  a boy  was  employed  as  a pony  rider  and  rope 
walker,  Held , that  he  came  within  the  act.  Matter  of  Rivers,  Dono- 
hue, J.,  May  25,  1877. 


Prevention  of  Cruelty  to  Children . 23 

In  Begging,  etc. 

2.  In  begging  or  receiving  alms,  or  in  any  mendicant 
occupation  [Forms  25  and  26];  or 

See  section  291,  subd.  1,  Penal  Code,  page  15,  supra , and  author- 
ities there  cited. 

Permitting  child  to  beg. — See  chapter  428,  Laws  of  1877,  sec. 
2,  as  amended;  cited  in  full  under  § 291,  subd.  1,  page  15,  supra. 

In  Singing  or  Theatrical  Performance,  etc. 

3.  In  peddling,  singing,  or  playing  upon  a musical  in- 
strument [Form  No.  27],  or  in  a theatrical  exhibition, 
or  in  any  wandering  occupation  [Forms  Nos.  25  and  26]; 
or 

Theatrical  exhibition. — Where  a child,  within  the  prescribed 
age,  took  part  in  a play  performed  in  a theatre,  but  did  not  sing,  or 
dance,  or  play  on  a musical  instrument,  Held , that  such  performance 
was  a theatrical  exhibition,  and  that  the  person  employing  her  came 
within  the  provisions  of  the  statute.  The  People  v.  Aberle,  Special  Ses- 
sions; affi’d  by  Hon.  Rufus  B.  Cowing,  City  Judge,  March  27,  1883. 

Exhibitions  included  in  the  terms  opera,  farce,  interlude,  comedy, 
tragedy,  play,  ballet,  or  which  are  in  their  nature  dramatic,  or  are  en- 
tertainments on  the  stage,  or  on  any  part  thereof,  whether  written  or 
not,  or  whether  or  not  impromptu,  given  in  a public  place  called  the 
“ National  Garden,”  where  an  admission  of  ten  cents  was  charged,  are 
theatrical  performances  within  the  terms  of  the  statute  (ch.  13,  L. 
1839;  ch-  L L.  1862).  The  Society  for  the  Ref.  of  Juv.  Del.  v. 
Diers,  Supm.  Ct.  Gen.  Term,  Jan.  1871,  10  Abb.  (N.  S.)  216. 

Dancing. — Where  a child  was  employed  to  dance  and  play  upon 
castanets  in  a low  drinking  place,  Held , that  the  persons  so  employing 
her  are  liable  under  the  act.  The  People  v.  Denabla,  Spec.  Sess. > 
Nov.  16,  1876. 

Child  Singer. — The  employment  of  a child  under  the  age  of  six- 
teen in  singing  and  dancing  in  a public  exhibition,  called  a “ chil- 
dren’s opera,”  is  expressly  forbidden  by  the  statute.  Matter  of  Co- 
rinne,  Supm.  Ct.,  Donohue,  J.,  Daily  Register , Dec.  16,  1881. 

In  Immoral  Exhibition. 

4.  In  any  indecent  or  immoral  exhibition  or  practice 
[Forms  Nos.  25  and  26];  or 

Immoral  exhibition. — Where  a girl  of  twelve  years  of  age  was 
kept  for  purposes  of  prostitution,  Held , that  the  person  so  keeping  her 


24 


Manual  of  the  New  York  Society  for  the 


was  liable  under  the  act  for  using  such  child  in  an  indecent  and  im- 
moral exhibition  and  practice.  The  People  v.  Perkins,  Spec.  Sess.; 
affi’d  by  Recorder,  March,  1884,  MS . opinion. 


In  Dangerous  Exhibition. 

5.  In  any  practice  or  exhibition  dangerous  or  injurious 
to  the  life,  limb,  health,  or  morals  of  the  child  [Forms  Nos. 
25  and  26]; 

What  acts  are  dangerous. — The  contortions,  evolutions,  and 
performance  of  the  acrobat  are  clearly  physically  dangerous,  and  the 
surroundings,  accompaniments,  and  companions  of  the  circus  ring  are 
equally  so,  morally.  Matter  of  Donohue,  page  22,  supra . 

See  also  authorities  cited  under  subd.  1,  page  22,  supra. 

Is  guilty  of  a misdemeanor. 

License  to  Sing. 

But  this  section  does  not  apply  to  the  employment  of 
any  child  as  a singer  or  musician  in  a church,  school,  or 
academy,  or  in  teaching  or  learning  the  science  or  prac- 
tice of  music,  or  as  a musician  in  any  concert  with  the 
written  consent  of  the  Mayor  of  the  city,  or  the  President 
of  the  Board  of  Trustees  of  the  village  where  such  con- 
cert takes  place. 

Act  of  1876. — This  section  is  substantially  a re-enactment  of  sec- 
tions 1 and  2,  chapter  122,  Laws  of  1876,  declared  to  be  constitu- 
tional. Matter  of  Donohue,  1 Abb . N.  C.  1. 

Societies  for  the  Prevention  of  Cruelty  to 
Children. 

§ 293.  A constable  or  police  officer  must,  and  any 
agent  or  officer  of  any  incorporated  society  for  the  pre- 
vention of  cruelty  to  children  may,  arrest  and  bring  before 
a court  or  magistrate  having  jurisdiction,  any  person  of- 
fending against  any  of  the  provisions  of  this  chapter,  and 
any  minor  coming  within  any  of  the  descriptions  of  chil- 


Prevention  of  Cruelty  to  Children . 


25 


dren  mentioned  in  section  two  hundred  and  ninety-one  or 
in  section  two  hundred  and  ninety-two. 

Such  constable,  police  officer,  or  agent  may  interfere 
to  prevent  the  perpetration  in  his  presence  of  any  act  for- 
bidden by  this  chapter. 

A person  who  obstructs  or  interferes  with  any  officer 
or  agent  of  such  society  in  the  exercise  of  his  authority 
under  this  chapter,  is  guilty  of  a misdemeanor. 

See  also  § 288,  Penal  Code,  page  10,  supra , as  to  duties  and  powers 
of  officers. 

Societies  for  the  prevention  of  cruelty  to  children.— In- 
corporated under  chapter  130,  Laws  of  1875. 

Public  character. — A corporation  may  be  private  and  yet  the 
act  or  charter  contain  provisions  of  a purely  public  character,  intro- 
duced solely  for  the  public  good  and  as  a general  police  regulation  of 
the  State.  Regents  of  Univ.  of  Maryland  v.  Williams,  9 Gill 
Johns.  ( Mary l . R.)  388. 

Powers  of  such  societies.— The  New  York  Society  for  the 
Prevention  of  Cruelty  to  Children  is  authorized  by  the  act  under 
which  it  is  incorporated,  and  it  is  the  duty  of  that  society,  whenever 
the  statutes  relating  to  children  are  violated,  to  bring  such  violation  to 
the  attention  of  the  court ; to  ask  that  the  person  or  persons  guilty  of 
such  violations  be  punished,  and,  if  the  case  demands  it,  that  the 
child  in  question  be  taken  from  the  custody  of  those  violating  the  law 
and  be  placed  where  he  will  be  protected.  Matter  of  Corinne,  supra ; 
The  People  rel.  The  N.  Y.  S.  P.  C.  C.  v.  Gilmore,  88  N.  Y.  626. 

The  object  and  purpose  of  such  societies  is  to  see  that  the  laws  re- 
lating to  children  are  rigidly  and  in  good  faith  enforced,  and  for  that 
purpose  they  may  prefer  complaints  in  any  court  or  before  any  magis- 
trate having  jurisdiction.  The  People  v.  Strickland,  13  Abb.  N.  C. 
473. 

Injunction. — No  ex  parte  injunction  will  be  granted  against 
a society  for  the  prevention  of  cruelty  to  restrain  it,  or  its  officers  or 
agents,  from  enforcing  the  laws  in  relation  to  the  prevention  of  cruel- 
ty to  animals.  Davis  v.  A.  S.  P.  C.  A.  16  Abb.  Pr.  N.  S.  73. 

Duty  of  officer. — Where  an  officer  of  the  New  York  Society  for 
the  Prevention  of  Cruelty  to  Children  discovered  a child  locked  up 
alone  in  a room  where  a fire  was  burning,  and  thereupon  removed 
such  child  from  the  room  by  means  of  a window  and  carried  him  to 
the  society’s  office,  Held , that  such  removal  was  lawful,  and  that  the 
child  was  a proper  subject  for  the  custody  of  the  society.  The  People 
ex  rel.  Newby  v.  The  N.  Y.  S.  P.  C.  C.  supra. 

3 


26 


Manual  of  the  New  York  Society  for  the 


No  formal  action  on  the  part  of  the  society  as  a corporation  is 
necessary  to  enable  an  officer  to  prefer  a complaint.  The  People  v . 
Strickland,  supra . 

Obscene  Literature,  etc. 

§ 317.  A person  who — 

1.  Sells,  lends,  gives  away,  or  offers  to  give  away,  or 
shows,  or  has  in  his  possession  with  intent  to  sell,  or  give 
away,  or  to  show,  or  advertises,  or  otherwise  offers  for 
loan,  gift,  sale,  or  distribution,  an  obscene  or  indecent 
book,  magazine,  pamphlet,  newspaper,  story  paper,  writ- 
ing, paper,  picture,  drawing  or  photograph,  or  any  article 
or  instrument  of  indecent  or  immoral  use,  or  who  designs? 
copies,  draws,  photographs,  prints,  utters,  publishes,  or 
otherwise  prepares  such  a book,  picture,  drawing,  paper* 
or  other  article,  or  writes  or  prints,  or  causes  to  be  writ- 
ten or  printed,  a circular,  advertisement,  or  notice  of  any 
kind,  or  gives  information  orally,  stating  when,  where,  how, 
or  of  whom,  or  by  what  means  such  an  indecent  or  ob- 
scene article  or  thing  can  be  purchased  or  obtained 
[Form  No.  28];  or 

Amendment. — Chapter  380,  Laws  of  1884,  amended  this  section 
(subdivision  1),  as  above,  by  inserting  the  words  “ magazine,  pamphlet, 
newspapers,  story  paper,”  and  the  words  “ prints,  utters,  publishes.” 

What  constitutes  obscenity. — “The  question  whether  a pub- 
lication is  obscene  does  not  depend  upon  its  being  true  or  false,  but 
upon  its  tendency  to  inflame  the  passions  and  debauch  society.  That 
which  offends  modesty,  is  indecent  and  lewd,  and  tends  to  the  crea- 
tion of  lascivious  desires,  is  obscene  ; and  this  tendency  is  matter  of 
fact  to  be  judged  by  the  jury.  A book  purporting  to  give  medical 
instruction  may  be  amenable  to  the  law  as  an  obscene  publication 
when  its  tendency  is  rather  to  debauch  society  for  the  purpose  of 
gain  than  to  benefit  the  public.  The  Commonwealth  v.  Landis,  8 
Phi  la.  (Pa.)  453. 

The  question  as  to  what  is  obscene  is  one  for  the  jury  to  deter- 
mine. The  People  v.  Muller,  19  Weekly  Dig.  256. 

Description  in  indictment. — To  sustain  an  indictment  for 
publishing  an  indecent  paper  the  indictment  should  contain  a general 
description  of  the  print  and  its  tendency,  but  need  not  copy  its  lan- 
guage. The  People  v.  Hallenbeck,  52  How.  Pr.  502;  Commonwealth 


Prevention  of  Cruelty  to  Children . 27 

v.  Sharpless,  2 Sergeant  6°  R.  92  ; Commonwealth  v.  Holmes,  17 
Mass.  336. 

So  of  pictures,  they  need  not  be  particularly  described.  State  v. 
Pennington,  5 Lea  ( Tenn .),  506. 

Sale  of  Criminal  Literature  to  Minor. 

2.  Sells,  lends,  gives  away,  or  shows,  or  has  in  his  pos- 
session with  intent  to  sell  or  give  away,  or  to  show,  or  ad- 
vertises or  otherwise  offers  for  loan,  gift,  sale,  or  distribu- 
tion, to  any  minor  child,  any  book,  pamphlet,  magazine, 
newspaper,  or  other  printed  paper  devoted  to  the  publica- 
tion, or  principally  made  up  of  criminal  news,  police  re- 
ports, or  accounts  of  criminal  deeds,  or  pictures  and  stories 
of  deeds  of  bloodshed,  lust,  or  crime  [Form  No.  28];  or 

Amendment. — Chapter  380,  Laws  of  1884,  amended  this  section 
by  adding  the  above  subdivision  (2). 

Exhibition  of  Criminal  Literature  to  Minor. 

3.  Exhibits  upon  any  street  or  highway,  or  in  any  other 
place  within  the  view,  or  which  may  be  within  the  view,  of 
any  minor  child,  any  book,  magazine,  pamphlet,  newspa- 
per, writing,  paper,  picture,  drawing,  photograph,  or  other 
article  or  articles  coming  within  the  descriptions  of  articles 
mentioned  in  the  first  and  second  subdivisions  of  this  sec- 
tion, or  any  of  them  [Form  No.  30];  or 

Amendment. — Chapter  380,  Laws  of  1884,  amended  this  section 
by  adding  the  above  subdivision  (3). 

Employing  Child  to  Sell  Criminal  Literature. 

4.  In  any  manner  hires,  uses,  or  employs  any  minor 
child  to  sell  or  give  away,  or  in  any  manner  to  distribute, 
or  who,  having  the  care,  custody,  or  control  of  any  minor 
child,  permits  such  child  to  sell,  give  away,  or  in  any  other 
manner  to  distribute  any  book,  magazine,  pamphlet,  news- 
paper, story  paper,  writing,  paper,  picture,  drawing,  pho- 


28 


Manual  of  the  New  York  Society  for  the 


tograph,  or  other  article  or  matter  coming  within  the  de- 
scriptions of  articles  and  matter  mentioned  in  the  first  and 
second  subdivisions  of  this  section,  or  any  of  them  [Form 
No.  31]; 

Amendment. — Chapter  380,  Laws  of  1884,  amended  this  section 
by  adding  the  above  subdivision  (4). 

Is  guilty  of  a misdemeanor. 

Sal©  of  Firearms  to  Minor. 

§ 409.  A person  who  manufactures,  or  causes  to  be 
manufactured,  or  sells  or  keeps  for  sale,  or  offers,  or  gives, 
or  disposes  of,  any  instrument  or  weapon  of  the  kind  usual- 
ly known  as  slung-shot,  billy,  sand-club,  or  metal  knuckles, 
or  who,  in  any  city  in  this  State,  without  the  written  con- 
sent of  a police  magistrate,  sells  or  gives  any  pistol  or  other 
firearm  to  any  person  under  the  age  of  eighteen  years,  is 
guilty  of  a misdemeanor  [Form  No.  32]. 

Amendment. — § 7,  chapter  46,  Laws  of  1884,  amended  this  sec- 
tion by  adding  the  provision  therein  contained,  relating  to  persons 
under  the  age  of  eighteen  years,  thereby  re-enacting  a portion  of  § 1, 
chapter  375,  Laws  of  1883. 

Carrying  of  Firearms  by  Minor. 

§ 410.  A person  who  attempts  to  use  against  another, 
or  who,  with  intent  so  to  use,  carries,  conceals,  or  possesses 
any  instrument  or  weapon  of  the  kind  commonly  known 
as  slung-shot,  billy,  sand-club,  or  metal  knuckles,  or  a dag- 
ger, dirk,  or  dangerous  knife,  is  guilty  of  a felony.  Any 
person  under  the  age  of  eighteen  years  who  shall  have, 
carry,  or  have  in  his  possession  in  any  public  street,  high- 
way, or  place  in  any  city  of  this  State,  without  a written 
license  from  a police  magistrate  of  such  city,  any  pistol  or 
other  firearm  of  any  kind,  shall  be  guilty  of  a misde- 
meanor. This  section  shall  not  apply  to  the  regular  and 
ordinary  transportation  of  firearms  as  merchandise,  or  for 
use  without  the  city  limits  [Form  No.  33]. 


Prevention  of  Cruelty  to  Children . 


29 


Amendment. — § 8,  chapter  46,  Laws  of  1884,  amended  this  sec- 
tion by  adding  the  provisions  therein  contained  relating  to  persons 
under  the  age  of  eighteen  years,  thereby  re-enacting  a portion  of  § 1, 
chapter  375,  Laws  of  1883. 

House  of  Refuge. 

§ 701.  Where  a person  under  the  age  of  sixteen  years 
is  convicted  of  crime,  the  trial  court  may,  instead  of  sen- 
tencing him  to  imprisonment  in  a state  prison  or  in  a pen- 
itentiary, direct  him  to  be  confined  in  a house  of  refuge 
under  the  provisions  of  the  statute  relating  thereto.  Where 
the  conviction  is  had  and  the  sentence  is  inflicted  in  the 
first,  second,  or  third  judicial  district,  the  place  of  confine- 
ment must  be  the  house  of  refuge  established  by  the  man- 
agers of  the  Society  for  the  Reformation  of  Juvenile  Delin- 
quents in  the  city  of  New  York;  where  the  conviction  is 
had  and  the  sentence  inflicted  in  any  other  district,  the 
place  of  confinement  must  be  in  the  Western  House  of 
Refuge  for  Juvenile  Delinquents.  But  nothing  in  this  sec- 
tion shall  affect  the  provision  contained  in  section  seven 
hundred  and  thirteen. 

§ 713  Penal  Code,  page  30,  infra . 

Incorporation  of  house  of  refuge. — See  acts  cited  in  Appen- 
dix, page  79,  infra. 

Intention  of  the  law* — “In  the  humanity  which  the  law  ex- 
tends to  persons  of  immature  years,  it  was  intended,  after  the  convic- 
tion had  been  had  and  the  liability  incurred  of  imprisonment  in  the 
State  prison,  upon  its  being  ascertained  upon  examination  that  the 
prisoner  was  under  sixteen  years  of  age,  to  interpose  and  ameliorate 
the  punishment  by  incarceration  in  an  institution  reformatory  in  its 
character.”  Park  v.  The  People,  1 Lans.  263. 

Period  of  imprisonment. — This  is  fixed  by  statute  and  need 
not  be  specified  in  the  commitment.  The  language  “sent  to  the 
house  of  refuge,  there  to  be  dealt  with  according  to  law,”  refers 
with  sufficient  certainty  to  the  authority  given  by  law  to  this  institu- 
tion, and  that  is,  in  express  terms,  to  retain  in  its  custody  males  until 
their  majority,  and  females  until  the  age  of  eighteen  years.  The 
People  v.  Degnen,  6 Abb.  Pr.  N.  S.  87;  s.  C.  54  Barb.  105. 

Apprenticing. — The  institution  may  lawfully  bind  out  children 
committed  to  it  to  persons  residing  within  or  without  this  State,  and  a 
3* 


30 


Manual  of  the  New  York  Society  for  the 


child  so  bound  out  is  deemed  not  to  be  in  the  possession  of  the  insti- 
tution for  the  purposes  of  a return  to  a writ  of  habeas  corpus.  The 
People  ex  ret.  Tobans  v.  The  Governors,  etc.,  Supreme  Ct.  Gen. 
Term  (Dec.  1859),  MS.  opinion. 


Child  Convicted  of  Crime  or  Misdemeanor, 
where  Committed. 

§ 713.  When  a person  under  the  age  of  sixteen  is  con- 
victed of  a crime,  he  may,  in  the  discretion  of  the  court, 
instead  of  being  sentenced  to  fine  or  imprisonment,  be 
placed  in  charge  of  any  suitable  person  or  institution  will- 
ing to  receive  him,  and  be  thereafter,  until  majority  or 
for  a shorter  term,  subjected  to  such  discipline  and  con- 
trol of  the  person  or  institution  receiving  him  as  a parent 
or  guardian  may  lawfully  exercise  over  a minor. 

A child  under  sixteen  years  of  age  committed  for  mis- 
demeanor, under  any  provision  of  this  Code,  must  be  com- 
mitted to  some  reformatory,  charitable  or  other  institution 
authorized  by  law  to  receive  and  take  charge  of  minors. 
And  when  any  such  child  is  committed  to  an  institution  it 
shall,  when  practicable,  be  committed  to  an  institution 
governed  by  persons  of  the  same  religious  faith  as  the  par- 
ents of  such  child. 

Amendment. — § 9,  chapter  46,  Laws  of  1884,  amended  the  first 
paragraph  of  this  section  by  changing  the  limit  as  to  age,  from  “ four- 
teen ” to  “sixteen”  years,  by  substituting  the  word  “ crime”  for  the 
word  “ misdemeanor,”  and  by  inserting  the  words  “ or  institution.” 

Child  where  committed  for  misdemeanor.— § 7,  chapter  46, 
Laws  of  1884,  amended  this  section  by  adding  the  second  paragraph 
thereof,  thereby  re-enacting,  in  substance,  § 1,  chapter  240,  Laws  of 
1879.  See  also  subd.  5,  § 291,  Penal  Code,  page  18,  supra. 

Institutions  authorized  to  receive  children. — See  subdivis- 
ion 5,  § 291,  Penal  Code,  and  authorities  cited,  page  18,  supra ; and 
institutions  named  in  Appendix,  pages  77-80,  infra. 


Prevention  of  Cruelty  to  Children . 


3i 


CODE  OF  CRIMINAL  PROCEDURE. 

Vagrants. 

§ 887.  The  following  persons  are  vagrants : 

8.  Any  child  between  the  ages  of  five  and  fourteen, 
having  sufficient  bodily  health  and  mental  capacity  to  at- 
tend the  public  schools,  found  wandering  in  the  streets  or 
lanes  of  any  city  or  incorporated  village,  a truant,  without 
any  lawful  occupation. 

Constitutionality. — Statutes  concerning  vagrants  declared  to  be 
constitutional.  The  People  v . Forbes,  4 Park . Cr.  61 1 ; The  People 
v.  Gray,  4 Park . Cr.  616. 

Vagrancy  Proceedings. 

§ 888.  When  complaint  is  made  to  any  magistrate  by 
any  citizen  or  peace  officer  against  any  vagrant  under 
subdivision  eight  of  the  last  section,  such  magistrate  must 
cause  a peace  officer  to  bring  such  child  before  him  for 
examination,  and  shall  also  cause  the  parent,  guardian,  or 
master  of  such  child,  if  the  child  has  any,  to  be  summoned 
to  attend  such  examination. 

If,  thereon,  the  complaint  shall  be  satisfactorily  estab- 
lished, the  magistrate  must  require  the  parent,  guardian, 
or  master  to  enter  into  an  engagement  in  writing  to  the 
corporate  authorities  of  the  city  or  village,  that  he  will  re- 
strain such  child  from  so  wandering  about,  will  keep  him 
in  his  own  premises  or  in  some  lawful  occupation,  and 
will  cause  him  to  be  sent  to  school,  at  least  four  months 
in  each  year,  until  he  becomes  fourteen  years  old. 

The  magistrate  may,  in  his  discretion,  require  security 
for  the  faithful  performances  of  such  engagement. 

If  the  child  has  no  parent,  guardian,  or  master,  or  none 
can  be  found,  or  if  the  parent,  guardian,  or  master  refuse  or 
neglect,  within  a reasonable  time,  to  enter  into  such  an  en- 


32 


Manual  of  the  New  York  Society  for  the 


gagement,  and  to  give  such  security  if  required,  the  mag- 
istrate shall  by  warrant  commit  the  child  to  such  place  as 
shall  be  provided  for  his  reception.  If  no  such  place  for 
his  reception  has  been  provided,  he  shall  commit  him  to 
the  alms-house  of  the  county. 

See  also  § 291,  subds.  5 and  6,  and  § 713  of  Penal  Code,  as  to 
committing  child  to  reformatory,  charitable  or  other  institution,  pages 
18,  21,  30,  supra. 

Child  Committed  as  a Vagrant. 

§ 889.  Every  child  received  pursuant  to  the  last  sec- 
tion, shall  be  kept  until  discharged  by  the  overseers  of 
the  poor  or  the  commissioners  of  the  alms-house  of  the  city 
or  village,  and  may  be  bound  out  as  an  apprentice  by  them, 
or  either  of  them,  with  the  consent  of  any  magistrate  or  any 
of  the  aldermen  of  the  city,  or  any  trustee  of  an  incorpo- 
rated village  where  he  maybe,  in  the  same  manner, for  the 
same  periods  and  subject  to  the  same  provisions  in  all  re- 
spects as  directed  in  respect  to  parents  whose  children 
have  become  chargeable  on  any  town. 

See  note  to  § 888,  supra , as  to  committing  child  to  institution. 

Children  Begging. 

§ 893*  If  a child  be  found  begging  for  alms,  or  solicit- 
ing charity  from  door  to  door,  or  in  a street,  highway,  or 
public  place  in  a village  or  town,  a justice  of  the  peace 
or  police  justice,  on  complaint  and  proof  thereof,  must 
commit  the  child  to  the  county  poor  house  or  other  place 
provided  for  the  support  of  the  poor,  to  be  kept,  em- 
ployed, and  instructed  in  useful  labor,  until  discharged  by 
the  county  superintendents  of  the  poor,  or  in  the  city  of 
New  York  by  the  commissioners  of  charities  and  correc- 
tions, or  bound  out  as  an  apprentice  by  them,  as  prescribed 
by  special  statutes. 

See  2 Revised  Statutes,  p.  837,  sec.  4. 

See  note  to  § 888,  supra , as  to  committing  child  to  institution. 


Prevention  of  Cruelty  to  Children . 


33 


See  also  § 291,  subd.  1,  Penal  Code,  page  15,  and  authorities  there 
cited,  as  to  child  found  begging  for  alms. 

Amendment. — This  section  is  deemed  to  have  been  amended  by- 
chapter  46,  Laws  of  1 884,  amending  § 291,  subds.  5 and  6,  Penal 
Code,  pages  18,  21,  30,  supra , and  by  Laws  of  1884,  chapter  438, 
subd.  2,  pages  38  and  39,  infra , as  to  place  of  commitment. 


Disorderly  Persons. 

§ 899.  The  following  are  disorderly  persons: 

1.  Persons  who  actually  abandon  their  wives  or  chil- 
dren without  adequate  support,  or  leave  them  in  danger 
of  becoming  a burden  upon  the  public,  or  who  neglect  to 
provide  for  them  according  to  their  means  ; 

See  also  Laws  of  1833.  chapter  11,  sec.  7. 

See  also  § 287,  Penal  Code,  page  9,  supra , as  to  abandonment  of 

child. 

2.  Persons  who  threaten  to  run  away  and  leave  their 
wives  or  children  a burden  upon  the  public. 

Abandonment  of  child. — As  to  what  constitutes,  see  authorities 
collected  under  § 287,  Penal  Code,  page  9,  supra. 

The  fact  that  the  child  has  voluntarily  left  his  home  does  not  ab- 
solve the  father  from  his  obligation  of  support,  nor  relieve  him  from 
his  liability  under  this  section.  The  People  v.  Strickland,  13  Abb. 
N.  C.  473. 

Abandonment  of  wife. — The  person  sought  to  be  supported 
must  be  shown  to  be  the  wife  of  the  defendant.  Duffy  v.  The  People, 
6 Hill,  75. 

The  abandonment  is  complete  when  the  separation  takes  place;  it 
is  but  one  offense  whether  the  separation  is  for  a long  or  short  period. 
Bayne  v.  The  People,  14  Hun , 181. 

The  husband  cannot  be  convicted  where  he  has  in  good  faith  of- 
fered to  support  his  wife  : she  cannot  impose  conditions.  The  Peo- 
ple v.  Pettit,  74  N.  Y.  320;  The  People  v.  Strickland,  supra. 

The  pendency  of  an  action  for  divorce  is  no  defense.  The  People 
v.  Mitchell,  2 Supm.  Ct.  172. 

Other  disorderly  persons.— See  § 899,  Code  Crim.  Pro. 

Warrant  against  Disorderly  Person. 

§ 900.  Upon  complaint  on  oath,  to  a justice  of  the 
peace  or  police  justice  of  a city,  village,  or  town,  or  to  the 


34  Manual  of  the  New  York  Society  for  the 

mayor,  recorder,  city  judge,  or  judge  of  the  general  ses- 
sions of  a city,  against  a person,  as  being  disorderly,  the 
magistrate  must  issue  a warrant,  signed  by  him,  with  his 
name  of  office,  requiring  a peace  officer  to  arrest  the  de- 
fendant and  bring  him  before  the  magistrate  for  examina- 
tion. 

Disorderly  persons. — As  to  what  constitutes,  see  § 899,  Crim. 
Code. 


Proceedings  against  Disorderly  Person. 

§ 901.  If  the  magistrate  be  satisfied  from  the  confes- 
sion of  the  defendant,  or  by  competent  testimony,  that  he 
is  a disorderly  person,  he  may  require  that  the  person 
charged  give  security,  by  a written  undertaking  with  one 
or  more  sureties  approved  by  the  magistrate  to  the  follow- 
ing effect  : 

1.  If  he  be  a person  described  in  the  first  or  second 
subdivision  of  section  899,  that  he  will  support  his  wife 
and  children  and  will  indemnify  the  county,  city,  village,  or 
town  against  their  becoming,  within  one  year,  chargeable 
upon  the  public; 

2.  In  all  other  cases,  that  he  will  be  of  good  behavior 
for  the  space  of  one  year  ; or,  that  the  sureties  will  pay 
the  sum  mentioned  in  the  undertaking,  and  which  must 
be  fixed  by  the  magistrate. 

Confession. — By  a confession  is  meant  a plea  of  guilty,  or  the 
equivalent  ; not  a deduction  of  the  magistrate  from  the  prisoner’s  ex- 
amination. Bennac  v.  The  People,  4 Barb.  164. 


Sale  of  Liquor,  etc.,  to  Minors. 

Laws  of  1877,  cli.  120. — An  Act  to  amend  chapter  six 
hundred  and  twenty-eight  of  the  Laws  of  eighteen  hundred  and 
fifty-seven,  entitled,  “ An  Act  to  suppress  intemperance  and  to 
regulate  the  sale  of  intoxicating  liquors. 


Prevention  of  Cruelty  to  Children. 


35 


The  People  of  the  State  of  New  York , represented  in  Senate 
and  Assembly , do  enact  as  follows : 

Section  I.  Section  fifteen  of  chapter  six  hundred  and  twenty- 
eight  of  the  Laws  of  eighteen  hundred  and  fifty-seven,  entitled, 
a An  Act  to  suppress  intemperance  and  to  regulate  the  sale  of 
intoxicating  liquors  is  hereby  amended  so  as  to  read  as  fol- 
lows : 

§ 15.  No  inn,  tavern,  or  hotel  keeper,  or  any  other  person 
licensed  to  sell  any  strong  or  spirituous  liquors  or  wines,  shall, 
either  personally,  or  by  his  wife,  servant,  employee,  or  other 
agent,  sell  or  give  any  such  liquors  or  wines  to  any  Indian  or  ap- 
prentice, knowing,  or  having  reason  to  believe  him  to  be  such, 
or  within  the  knowledge  of  such  agent,  without  the  consent 
of  his  master  or  mistress,  nor  to  any  minor  under  the  age  of 
eighteen  years,  without  the  consent  of  his  father  or  mother, 
or  guardian.  Whoever  shall,  either  personally  or  by  his  wife, 
servant,  employee,  or  other  agent,  offend  against  either  of 
these  provisions,  shall  forfeit  ten  dollars  for  each  and  every 
offense,  to  be  recovered  by  the  master  of  such  apprentice  or 
servant,  or  by  the  parent  or  guardian  of  such  minor,  and  any 
person  who  shall,  either  personally  or  by  his  wife,  servant,  em- 
ployee, or  other  agent,  sell  or  give  away  any  strong  or  spirituous 
liquors,  ale,  beer,  or  wine,  to  any  Indian  in  this  State,  or  shall  sell 
any  beer,  ale,  wine,  or  any  strong  or  spirituous  liquor  to  any 
minor  under  the  age  of  fourteen  years,  knowing  or  having  reason 
to  believe  such  minor  to  be  under  such  age,  shall  be  deemed 
guilty  of  a misdemeanor,  and  on  conviction  shall  be  liable  to  a 
fine  of  twenty-five  dollars  for  each  and  every  offense  [Form 
No.  35]. 

§ 2.  This  act  shall  take  effect  immediately. 

Knowing  him  to  be  such. — The  plaintiff  has  the  burden  of  show- 
ing that  the  defendant  knew,  or  had  reason  to  believe  the  person  to 
whom  the  sale  was  made  was  under  eighteen  years  of  age.  The  words 
“ knowing  or  having  reason  to  believe  him  to  be  such,”  apply  to  mi- 
nors as  well  as  Indians  and  apprentices.  Where  the  minor  was  quite 
a young  child  it  would  be  evident  to  the  inn-keeper  that  he  was  under 
eighteen  and  the  penalty  would  then  attach.  Perry  v.  Edwards,  44 
N.  Y.  223. 

Minor  acting  as  agent. — Where  an  inn-keeper  was  convicted 
of  violation  of  the  statute  in  selling  liquor  to  a boy  ten  years  of  age, 
who  purchased  it  for  an  adult  who  lived  in  the  same  house  and  fur- 
nished the  money,  Held , that  the  conviction  was  proper,  and  that  the 
fact  that  the  boy  was  acting  as  agent  for  an  undisclosed  principal  did 
not  relieve  the  accused.  Ross  v.  The  People,  17  Hun , 591. 


36  Manual  of  the  New  York  Society  for  the 


Accidents  to  Children. 

Laws  of  1 880,  ch.  585. — An  Act  for  the  prevention  of  ac- 
cidents to  children. 

The  People  of  the  State  of  New  York , represented  in  Senate 
and  Assembly , do  enact  as  follows : 

Section  1.  No  minor  child  within  this  State  not  being  a pas- 
senger shall  be  allowed  upon  the  platform  or  steps  of  any  rail- 
road car  drawn  by  steam,  or  of  any  omnibus,  street  car,  or  other 
vehicle  drawn  by  horses,  and  the  parents  or  guardians  of  any 
child  who  shall  permit  such  child  to  ride  or  play  upon  the  steps 
or  platform  of  any  such  railroad  car,  omnibus,  street  car,  or  other 
vehicle,  shall  be  punished  on  conviction  by  a fine  not  less  than 
five  nor  more  than  ten  dollars  [Form  No.  36]. 

§ 2.  It  shall  be  the  duty  of  all  constables  and  policemen  with- 
in this  State  to  arrest  any  child  or  children  violating  the  provis- 
ions of  this  act.  And  any  such  child  or  children  shall  likewise 
on  conviction  be  punished  by  a fine  not  exceeding  five  dollars  for 
each  offense  [Form  No.  37]. 

§ 3.  This  act  shall  take  effect  immediately. 

Kidnapping:  Persons  of  Foreign  Birth. 

An  Act  to  protect  persons  of  foreign  birth  against  forcible 
restraint  or  involuntary  servitude,  passed  June  23,  1874.  18 

U.  S.  Stat.  at  Large,  251. 

Be  it  enacted  by  the  Senate  and  the  House  of  Representatives 
of  the  United  States  of  A?neric a , in  Congress  assembled: 

Section  1.  That  whoever  shall  knowingly  and  wilfully  bring 
into  the  United  States,  or  the  Territories  thereof,  any  person  in- 
veigled or  forcibly  kidnapped  in  any  other  country,  with  intent  to 
hold  such  person  so  inveigled  or  kidnapped,  in  confinement,  or  to 
any  involuntary  service,  and  whoever  shall  knowingly  sell,  or 
cause  to  be  sold,  into  any  condition  of  involuntary  servitude,  any 
other  person  for  any  term  whatever,  and  every  person  who  shall 
knowingly  and  wilfully  hold  to  involuntary  service  any  person  so 
sold  and  bought,  shall  be  deemed  guilty  of  a felony,  and  on  con- 
viction thereof,  be  imprisoned  for  a term  not  exceeding  five 
years,  and  pay  a fine  not  exceeding  five  thousand  dollars. 

Kidnapping. — On  the  trial,  in  the  United  States  District  Court, 
before  Judge  Benedict  and  a jury,  of  one  Ancarola,  an  Italian  pa- 
drone, on  an  indictment  for  kidnapping  under  the  U.  S.  statute,  it  was 
proved  that  Ancarola  had  landed  in  New  York,  having  in  his  cus- 
tody several  Italian  boys  whom  he  had  obtained  from  their  parents 
in  Italy,  under  contract  and  for  a pecuniary  consideration,  it  being 


Prevention  of  Cruelty  to  Children . 


37 


Ms  intention  to  use  the  boys  as  street  musicians.  Judge  Benedict 
charged  the  jury  that,  “ If  you  find  it  proved  that  these  children 
landed  from  a vessel  that  brought  them  to  this  city  from  a foreign 
port  in  custody  of  the  accused ; that  the  accused  had  selected  the 
mode  of  conveying  them  and  directed  the  movements  of  the  chil- 
dren in  coming  here,  you  may  find  that  the  children  were  brought 
into  the  United  States  by  the  accused.”  If  “you  conclude  that  the 
arrangement  made  in  Italy  in  regard  to  these  children,  or  either  of 
them,  contemplated  the  delivery  of  the  children  to  the  accused  to  be 
by  him  brought  to  this  country  for  the  purpose  of  being  employed  as 
beggars  or  street  musicians  in  Chicago,  and  that  the  child  was  then 
and  there  enticed  to  consent  to  such  an  arrangement,  then  you  will  be 
justified  in  finding  that  such  child  had  been  inveigled  in  Italy.”  * * 
“ The  evidence  in  regard  to  his  knowledge,  in  regard  to  any  inveiglement 
of  the  children, is  to  be  found  in  the  testimony  respecting  the  part  he  took 
in  making  the  bargain  with  the  parents  and  the  obtaining  the  consent  of 
the  child.”  * * As  to  intent,  ‘ ‘ The  children  were  taken  from  the 

accused  immediately  upon  landing  from  the  steamer.  * * The 

question  rather  is,  did  he  (the  accused)  intend  to  hold  them  (the  chil- 
dren) to  involuntary  service  as  beggars  or  as  musicians  ? Upon  this  ques- 
tion the  age  of  the  child  is  important,  for  as  you  know,  in  regard  to 
some  things,  a child  of  such  tender  years  is  incapable  of  consent.  The 
nature  of  the  employment  to  which  the  accused  intended  to  put  the 
child,  the  evidence  in  regard  to  the  arrangement  made  in  Italy,  and 
the  ability  of  the  child  to  labor  or  play  an  instrument,  are  important 
circumstances  in  the  connection  also,  for  if  you  believe  from  the  evi- 
dence that  the  intention  of  the  accused  in  bringing  the  child  to  this 
country  was  to  employ  the  child  as  a beggar  or  as  a street  musi- 
cian for  his  own  profit,  and  that  such  employment  was  one  inju- 
rious to  its  morals  and  inconsistent  with  its  proper  care  and  education, 
according  to  its  conditions,  then  you  will  be  justified  in  finding  that 
he  intended  to  hold  such  child  to  involuntary  service  as  charged  in  the 
indictment,  and  this  notwithstanding  the  fact  that  the  child  had  con- 
sented to  the  employment  in  Italy,  and  that  no  evidence  of  a subse- 
quent dissent  while  under  the  control  of  the  accused  has  been  given.” 
The  jury  rendered  a verdict  of  guilty  and  the  accused  was  remanded 
for  sentence. 

The  prisoner's  counsel  moved  for  a new  trial  before  the  full  bench 
of  the  United  States  Circuit  Court,  when,  after  argument  had,  the 
conviction  was  affirmed,  Judge  Blatchford  writing  the  opinion.  The 
United  States  v.  Ancarola,  I Fed.  Rep.  676,  and  17  Blatchf.  C.  C . R. 

423. 


Children  in  Institutions. 

Laws  of  1884,  Chapter  488. — An  Act  to  revise  and  consol- 
idate the  statutes  of  the  State  relating  to  the  custody  and  care 
of  indigent  and  pauper  children  by  orphan  asylums  and  other 
charitable  institutions.  Passed  May  31,  1884;  three-fifths  being 
present. 


4 


38  Manual  of  the  New  York  Society  for  the 

The  People  of  the  State  of  New  York , represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

SURRENDER  BY  BOTH  PARENTS;  BY  THE  MOTHER  ALONE; 
BY  THE  COUNTY  A UT  H O R ITI  ES S U P PO  RT  OF  CHILD. 

Section  1.  The  guardianship  of  the  person  and  the  custody 
of  any  indigent  child  may  be  committed  to  any  incorporated  or- 
phan asylum  or  other  institution  incorporated  for  the  care  of  or- 
phan, friendless,  or  destitute  children,  by  an  instrument  in  writing 
signed  by  the  parents  of  such  child,  if  both  such  parents  shall 
then  be  living,  or  by  the  surviving  parent,  if  either  parent  of  such 
child  be  dead,  or  if  either  one  of  such  parents  shall  have,  for  the 
period  of  six  months  then  next  preceding,  abandoned  such  child, 
by  the  other  of  such  parents,  or  if  the  father  of  such  child  shall 
have  neglected  to  provide  for  his  family  during  the  six  months 
then  next  preceding,  or  if  such  child  be  a bastard,  by  the  mother 
of  such  child ; or  if  both  parents  of  such  child  shall  then  be  dead, 
by  the  guardian  of  the  person  of  such  child,  legally  appointed, 
with  the  approval  of  the  court  or  officer  which  appointed  such 
guardian,  to  be  entered  of  record ; or  if  both  parents  of  such 
child  shall  then  be  dead  and  no  legal  guardian  of  the  person*  of 
such  child  shall  have  been  appointed,  and  no  guardian  of  such 
child  shall  have  been  appointed  by  a last  will  and  testament,  or 
by  a deed  by  either  parent  thereof,  or  if  the  parents  of  such 
child  shall  have  abandoned  such  child  for  the  period  of  six 
months  then  next  preceding,  by  the  mayor  of  the  city  or  by  the 
county  judge  of  the  county  in  which  such  asylum  or  such  other 
institution  shall  be  located,  upon  such  terms,  for  such  time,  and 
subject  to  such  conditions  as  may  be  agreed  upon  by  the  parties 
to  such  written  instrument.  And  such  written  instrument  may 
provide  for  the  absolute  surrender  of  such  child  to  such  corpora- 
tion. But  no  such  corporation  shall  draw  or  receive  money  from 
public  funds  for  the  support  of  any  such  child  committed  under 
the  provisions  of  this  section,  unless  it  shall  have  been  deter- 
mined by  a court  of  competent  jurisdiction  that  such  child  has 
no  relative,  parent,  or  guardian  living,  or  that  such  relative, 
parent,  or  guardian,  if  living,  is  destitute  and  actually  unable  to 
contribute  to  the  support  of  such  child. 

Per  capita  allowance. — See  § 194,  subd.  21,  chap.  410,  Laws 
1884. 

CHILDREN  BETWEEN  TWO  AND  SIXTEEN  YEARS  OLD  CAN- 
NOT BE  PLACED  IN  POOR-HOUSE,  ETC.— R ELIGIOUS  FAITH. 

§ 2.  It  shall  not  be  lawful  for  any  county  superintendent  or 
overseer  of  the  poor,  board  of  charity  or  other  officer,  to  send 
any  child  between  the  ages  of  two  and  sixteen  years,  as  a pauper, 
to  any  county  poor-house  or  alms-house  for  support  and  care,  or 


Prevention  of  Cruelty  to  Children . 


39 


to  detain  any  child  between  the  ages  of  two  and  sixteen  years  in 
such  poor-house  or  alms-house ; but  such  county  superintendents, 
overseers  of  the  poor,  boards  of  charities,  or  other  officers,  shall 
provide  for  such  child  or  children,  in  families,  orphan  asylums, 
hospitals,  or  other  appropriate  institutions,  as  provided  by  law. 
The  boards  of  supervisors  of  the  several  counties  of  the  State  are 
hereby  directed  to  take  such  action  in  the  matter  as  may  be  nec- 
essary to  carry  out  the  provisions  of  this  section.  When  any 
such  child  shall  be  so  provided  for  or  placed  in  any  orphan  asy- 
lum or  such  other  institution,  such  child  shall,  when  practicable, 
be  so  provided  for  or  placed  in  such  asylum  or  such  other  insti- 
tution as  shall  then  be  controlled  by  persons  of  the  same  religious 
faith  as  the  parents  of  such  child. 

RECORDS  OF  I N STITUTIO  N S CO  PI  ES  OF  SAME. 

§ 3.  All  institutions,  public  or  private,  incorporated  or  not 
incorporated,  for  the  reception  of  minors,  whether  as  orphan,  or 
as  pauper,  indigent,  destitute,  vagrant,  disorderly,  or  delinquent 
persons,  are  hereby  required  to  provide  and  keep  a record  in 
which  shall  be  entered  as  the  date  of  reception,  and  the  names 
and  places  of  birth  and  residence,  nearly  as  the  same  can  reason- 
ably be  ascertained,  of  all  children  admitted  in  such  institutions, 
and  how  and  by  whom  and  for  what  cause  such  children  shall 
be  placed  therein,  and  the  names,  residence,  birthplace,  and  re- 
ligious denomination  of  the  parents  of  such  children  so  admitted, 
as  nearly  as  the  same  can  be  reasonably  ascertained ; and  when- 
ever any  such  child  shall  leave  such  institution,  the  proper  entry 
shall  be  made  in  such  record,  showing  in  what  manner  such 
child  shall  have  been  disposed  of,  and  if  apprenticed  to  or 
adopted  by  any  person  or  family,  or  otherwise  placed  out  at 
service  or  on  trial,  the  name  and  place  of  residence  of  the  person 
or  head  of  the  family  to  or  with  whom  such  child  shall  have  been 
so  apprenticed,  adopted,  or  otherwise  placed  out ; and  extracts 
from  such  record  relating  to  any  such  child  which  shall  have 
been  so  admitted  shall,  within  twenty-four  hours  after  request 
therefor  by  any  parent,  relative,  or  legal  guardian  of  such  child, 
of  the  secretary  or  other  officer  of  such  asylum  or  other  institu- 
tion, and  an  order  of  the  Supreme  Court  to  that  effect,  be  given 
by  such  officer  to  such  parent,  relative,  or  legal  guardian.  Noth- 
ing in  this  section  shall  be  construed  to  prevent  visitation  by  rel- 
atives and  friends  in  accordance  with  the  established  rules  of 
such  institutions. 

Code  of  Civil  Procedure. — § 2065.  An  officer  or  other  person, 
who  detains  any  one  by  virtue  of  a mandate,  or  other  written  author- 
ity, must,  upon  reasonable  demand,  and  tender  of  his  fees,  deliver  a 
copy  thereof  to  any  person  who  applies  therefor  for  the  purpose  of 
procuring  a writ  of  habeas  corpus  or  a writ  of  certiorari  in  behalf  of 


40 


Manual  of  the  New  York  Society  for  the 


the  prisoner.  If  he  knowingly  refuses  so  to  do,  he  forfeits  two  hun- 
dred dollars  to  the  prisoner. 

REMOVAL  OF  C H I LD  R E N N A M ES  NOT  TO  BE  CHANGED 

RIGHTS  OF  PARENTS  TO  CUSTODY. 

§ 4.  While  any  child  which  shall  have  been  placed  in  such 
asylum,  or  other  institution,  as  a pauper,  in  pursuance  of  the 
second  section  of  this  act,  shall  remain  therein  at  the  expense  of 
the  county  or  town  to  which  such  pauper  child  is  chargeable,  the 
superintendents  of  the  poor  of  such  county,  or  the  overseer  of 
the  poor  of  such  town,  may,  in  their  discretion,  remove  such 
child  from  such  asylum  or  other  institution  and  place  such  child 
in  some  other  such  institution,  or  make  such  other  disposition  of 
such  child  as  shall  then  be  provided  by  law.  The  name  of  no 
such  child  shall  be  changed  while  in  such  institution  as  in  this 
section  aforesaid.  But  no  parent  of  such  pauper  child,  so  in 
such  asylum  or  other  institution  as  in  this  section  aforesaid,  shall 
be  entitled  to  the  custody  thereof,  except  in  pursuance  of  a judg- 
ment or  order  of  a court  or  judicial  officer  of  competent  jurisdic- 
tion, adjudging  or  determining  that  the  interests  of  such  child 
will  be  promoted  thereby,  and  that  such  parent  is  fit,  com- 
petent, and  able  to  duly  maintain,  support,  and  educate  such 
child. 


APPRENTICES.— FORM  OF  INDENTURE. 

§ 5.  Any  corporation  specified  in  the  first  section  of  this  act 
may  bind  out  any  indigent  or  pauper  child,  if  a male,  for  a period 
which  shall  not  be  beyond  his  twenty-first  year,  and  if  a female, 
for  a period  which  shall  not  be  beyond  her  eighteenth  year, 
which  shall  have  been  absolutely  surrendered  to  the  care  and 
custody  of  such  corporation  in  pursuance  of  the  provisions  of  the 
first  section  of  this  act,  or  which  shall  have  been  placed  therein 
as  a pauper  in  pursuance  of  the  provisions  of  the  second  section 
of  this  act,  or  which  shall  have  been  left  to  the  care  of  such  cor- 
poration with  no  provision  by  the  parent,  relative,  or  legal  guard- 
ian of  such  child,  for  its  support  for  a period  of  one  year  then 
next  preceding,  to  be  a clerk,  apprentice,  or  servant,  by  an  inden- 
ture in  writing,  which  shall  be  executed  under  seal  and  signed  in 
the  name  of  such  corporation  by  such  officer  or  officers  thereof 
as  shall  be  authorized  by  the  directors  or  trustees  thereof  to  sign 
such  corporate  name  to  such  indentures,  and  shall  be  signed  also 
by  the  person  or  persons  to  whom  such  child  shall  be  so  bound 
out,  who  shall,  in  such  indenture,  undertake  to  treat  such  child 
kindly,  which  binding  shall  be  as  effectual  as  if  such  child 
had  bound  himself  or  herself  with  the  consent  of  his  or  her 
father.  The  provisions  of  sections  eight,  nine,  and  ten,  of  article 
first  of  title  fourth  of  chapter  eight  of  part  second  of  the  Re- 


Prevention  of  Cruelty  to  Children . 41 

vised  Statutes,  shall  apply  to  all  cases  of  binding  under  this 
act. 

(Note.- — Under  this  act  children  held  on  commitment  of  magis- 
trate should  not  be  indentured  until  they  have  been  left  without  sup- 
port for  a period  of  at  least  one  year.) 

DAMAGES  AGAINST  EMPLOYERS. 

§ 6.  Should  any  such  master  or  employer  to  whom  any  such 
child  shall  have  been  so  bound  out  fail,  at  any  time  during  the 
continuance  of  such  apprenticeship,  to  provide  suitable  and 
proper  board,  lodging,  and  medical  attendance,  or  fail  to  per- 
form any  of  the  provisions  of  said  indenture,  on  his  part,  said 
apprentice,  individually,  or  any  person  on  his  behalf,  may  bring 
an  action  against  said  employer  to  recover  damages  sustained  by 
reason  of  such  failure ; and  if  proved  to  the  satisfaction  of  the 
court,  and  the  court  shall  deem  it  a proper  case,  the  court  shall 
direct  said  indentures  to  be  canceled,  and  may  render  a judg- 
ment against  such  employer  not  exceeding  one  thousand  dollars, 
and  not  less  than  one  hundred  dollars,  and  said  judgment  shall 
be  collected  and  paid  over  to  the  corporation  which  was  a party 
to  such  indenture,  to  be  used  for  the  benefit  of  such  minor  as 
such  corporation  shall  direct. 

ADOPTION  OF  CHILDREN.— FORM  OF  AGREEMENT. 

§ 7.  Any  child  which  a corporation  specified  in  the  first  sec- 
tion of  this  act  is,  by  the  fifth  section  of  this  act,  authorized  to 
bind  out,  may  be  placed  by  such  corporation,  by  adoption,  with 
some  suitable  person  or  persons,  by  a written  instrument  of 
adoption,  which  shall  be  executed  under  seal  and  signed  in  the 
corporate  name  of  such  corporation  by  such  officer  or  officers  as 
shall  be  authorized  by  the  directors  or  trustees  thereof  to  sign 
such  corporate  name  to  such  instruments,  and  which  shall  also 
be  signed  by  the  person  or  persons  with  whom  such  child  shall 
be  so  placed  by  adoption,  and  if  either  of  the  persons  so  taking 
such  child  by  adoption  shall  then  have  a husband  or  wife  from 
whom  such  person  is  not  lawfully  separated,  such  instrument  of 
adoption  shall  also  be  signed  by  such  husband  or  wife.  When 
practicable,  all  such  children  shall  be  indentured,  bound  out,  and 
£iven  for  adoption  to  persons  of  the  same  religious  faith  as  the 
parents  of  such  children. 

Adoption. — Forgeneralact  relating  to,  see§  2,  R.  S.  p.  165  ; Laws 
of  1873,  ch.  830;  Delafield’s  Laws  Relating  to  Children,  p.  11  et  seq. 

RELATION  OF  FOSTER  PARENT  AND  C H I LD .— PR  O VIS  IO  N S IN 
AGREEMENT.— AGREEMENT,  BY  WHOM  EXECUTED. 

§ 8.  Each  person  taking  a child  by  adoption,  in  pursuance  of 


42  Manual  of  the  New  York  Society  for  the 

this  act,  is  hereinafter  designated  as  the  foster  parent  of  such 
child,  and  such  foster  parent  and  such  child  shall,  after  such 
adoption,  sustain  toward  each  other  the  legal  relation  of  parent 
and  child,  and  have  all  the  rights  and  be  subject  to  all  the  duties 
of  that  relation,  excepting  the.  right  of  inheritance,  and  except 
that  as  respects  the  passing  and  limiting  over  of  real  and  per- 
sonal property  under  and  by  deeds,  conveyances,  wills,  devises, 
and  trusts,  said  child  so  adopted  shall  not  be  deemed  to  sustain 
the  legal  relation  of  child  to  either  of  its  foster  parents ; and  such 
instrument  of  adoption  shall  contain  in  substance  the  foregoing 
provisions  of  this  section,  and  the  further  provision  that  the  fos- 
ter parents  of  such  child  shall  treat  such  child,  in  all  respects,  as 
their  own  child  should  be  treated.  Such  instrument  of  adoption 
shall  also  contain,  as  nearly  as  can  be  reasonably  ascertained,  a 
statement  of  the  age  of  such  child,  and  the  age  as  so  stated 
shall  be  taken  ftrima  facie  to  be  the  true  age  without  further 
proof  thereof. 

§ 9.  Any  child  adopted  in  pursuance  of  the  provisions  of  this 
act,  may  take  the  surname  of  its  foster  parents. 

§ 10.  If  any  child  to  be  adopted  or  bound  out  in  pursuance 
of  this  act  shall  be  over  twelve  years  of  age  prior  to  such 
binding  out  or  adoption,  such  indenture  or  the  instrument 
of  adoption,  as  the  case  may  be,  may  be  also  signed  by  said 
child. 

RIGHTS  AND  RESPONSIBILITIES  OF  PARENTS. 

g 11.  The  parents  of  any  child  which  shall  have  been  adopt- 
ed or  bound  out  in  pursuance  of  this  act  shall,  from  the  time  of 
such  adoption  or  binding  out,  as  the  case  may  be,  be  relieved 
from  all  parental  duties  toward,  and  of  all  responsibility  for,  the 
child  so  bound  out  or  adopted,  and  shall  thereafter  have  no 
rights  over,  or  to  the  custody,  services,  or  earnings  of  such 
child. 

CANCELLATION  OF  AGREEMENT  BY  CHILD. 

g 12.  Any  child  which  shall  have  been  adopted  in  pursuance 
of  the  provisions  of  this  act,  or  any  corporation  which  shall  have 
been  a party  to  the  agreement  by  which  such  child  shall  have 
been  so  adopted,  or  any  person  on  behalf  of  such  child,  may 
make  an  application  to  the  surrogate’s  court  of  the  county  in 
which  the  foster  parent  of  such  child  shall  reside  at  the  time  of 
such  application,  for  the  cancellation  of  such  agreement  of  adop- 
tion and  for  the  termination  of  the  relation  of  parent  and  child 
between  such  foster  parent  and  adopted  child,  upon  the  ground 
of  cruelty,  misusage,  refusal  of  necessary  provisions  or  clothing, 
or  inability  to  support,  maintain,  or  educate  such  child,  or  of  any 
violation  of  duty  on  the  part  of  such  foster  parent  toward  such 


Prevention  of  Cruelty  to  Children. 


43 


child ; which  application  shall  be  by  a petition  setting  forth  the 
grounds  of  such  application  and  duly  verified  by  the  person  or 
by  some  officer  of  the  corporation  making  the  same.  A citation 
shall  thereupon  be  issued  out  of  such  surrogate’s  court,  requir- 
ing such  foster  parent  to  show  cause  why  such  application  should 
not  be  granted.  The  provisions  of  the  Code  of  Civil  Procedure 
relating  to  the  issuing,  contents,  time  and  manner  of  service  of 
citations  issued  out  of  surrogates’  courts,  and  to  the  hearing 
upon  the  return  thereof,  and  to  enforcing  the  attendance  of  wit- 
nesses, and  to  all  proceedings  thereon,  and  to  appeals  from  de- 
crees of  surrogates’  courts,  not  inconsistent  with  this  act,  shall 
apply  in  cases  of  citations  issued  in  pursuance  of  this  act,  and  to 
all  proceedings  had  thereon.  And  such  surrogate’s  court  shall 
have  jurisdiction  to  order  and  compel  the  production  of  the  per- 
son of  such  child  before  such  surrogate’s  court.  In  case  such 
surrogate*  shall,  upon  the  proofs  adduced  before  him  upon  the 
hearing  on  such  citation,  determine  that  either  of  the  aforesaid 
grounds  for  such  application  exist,  and  that  the  interests  of  such 
child  will  be  promoted  by  granting  such  application,  and  that 
such  foster  parent  has  justly  forfeited  his  rights  to  the  custody 
and  services  of  such  child,  a decree  shall  be  made  and  entered 
by  such  surrogate’s  court  canceling  such  agreement  of  adoption, 
and  terminating  the  relation  of  parent  and  child  between  such 
foster  parent  and  adopted  child,  which  decree  shall  be  valid  and 
effectual  therefor;  and  thereupon  the  status  of  such  child  shall 
be  the  same  as  if  no  proceedings  with  reference  thereto  had  been 
had  under  this  act.  But  after  one  such  petition  against  any  such 
foster  parent  shall  have  been  denied,  a citation  upon  a subse- 
quent petition  against  the  same  foster  parent  may  be  issued  or 
refused  in  the  discretion  of  the  surrogate’s  court  to  whom  such 
subsequent  petition  shall  be'  made. 

CANCELLATION  OF  AGREEMENT  BY  PARENT. 

§ 13.  Any  foster  parent  who  shall  have  adopted  any  child  in 
pursuance  of  this  act  may  apply  to  the  surrogate’s  court  of  the 
county  in  which  such  foster  parent  shall  reside  at  the  time  of 
such  application,  for  the  cancellation  of  the  agreement  for  such 
adoption,  and  for  the  termination  of  the  relation  of  parent  and 
child  between  such  foster  parent  and  such  adopted  child  upon 
the  ground  of  the  willful  desertion  of  such  child  from  such  foster 
parent,  or  of  any  misdemeanor,  or  ill-behavior  of  such  child, 
which  application  shall  be  by  petition  stating  the  grounds  of 
such  application,  and  the  substance  of  such  agreement  of  adop- 
tion, and  duly  verified  by  the  petitioner,  and  thereupon  a citation 
shall  be  issued  out  of  such  court  directed  to  the  said  child  and 
to  the  corporation  which  was  a party  to  such  agreement  of 


44  Manual  of  the  New  York  Society  for  the 

adoption,  or  to  the  superintendent  of  the  poor  of  such  county  in 
case  such  corporation  shall  not  then  be  in  existence,  requiring 
them  to  show  cause  why  such  petition  should  not  be  granted. 
Unless  such  corporation  shall  appear  upon  the  return  of  such 
citation,  before  the  hearing  thereon  shall  proceed,  a special 
guardian  shall  be  appointed  by  such  court  to  protect  the  in- 
terests of  such  child  in  such  proceeding,  and  such  foster  parent 
shall  pay  to  such  special  guardian  such  sum  as  such  court  shall 
direct  for  the  purpose  of  paying  the  fees  of  such  special  guardian 
and  the  necessary  disbursements  of  such  guardian  in  preparing 
for  and  contesting  such  application  on  behalf  of  such  child.  In 
case  such  surrogate  shall  determine,  upon  the  proofs  adduced 
before  him  upon  the  hearing  on  such  citation,  that  said  child  has 
violated  his  duty  toward  such  foster  parent,  and  that,  due  regard 
being  had  both  to  the  interests  of  such  child  and  of  such  foster 
parent,  the  circumstances  of  the  case  require  that  such  agree- 
ment of  adoption  be  canceled,  and  that  such  relation  of  parent 
and  child  shall  be  terminated,  a decree  shall  be  made  and  en- 
tered accordingly,  which  shall  be  valid  and  effectual  for  that 
purpose;  and  such  court  may  make  any  disposition  of  such 
child  which  any  court  or  officer  shall  then  be  authorized  to  make 
of  vagrant,  truant,  or  disorderly  children.  If  such  surrogate  shall 
otherwise  determine,  a decree  shall  be  made  and  entered  by  said 
court  denying  such  petition. 

ACTS  REPEALED. 

§ 14.  The  following  acts  and  parts  of  acts  heretofore  passed 
by  the  legislature  of  the  State  are  hereby  repealed,  to  wit : 1 chap- 
ter one  hundred  and  fifty-nine  of  the  laws  of  eighteen  hundred 
and  fifty-five ; 2 chapter  sixty-one  of  the  laws  of  eighteen  hun- 
dred and  fifty-seven  ; 3 chapter  four  hundred  and  eleven  of  the 
laws  of  eighteen  hundred  and  sixty-nine ; 4 chapter  four  hundred 
and  thirty-one  of  the  laws  of  eighteen  hundred  and  seventy ; 5 


1 Entitled  “ An  act  to  allow  the  trustees,  directors,  or  managers  of  incorpo- 
rated asylums  to  bind  out  orphans  or  indigent  children  surrendered  to  their 
care.”  Passed  April  5,  1855. 

2 Entitled  u An  act  in  relation  to  orphan  and  destitute  children.”  Passed 
March  2,  1857. 

3 Entitled  “ An  act  for  the  better  protection  of  minors.”  Passed  April  29, 
1869. 

4 Entitled  “ An  act  to  amend  an  act  entitled  * An  act  to  allow  the  trustees, 
directors,  or  managers  of  incorporated  asylums  to  bind  out  orphan  or  indigent 
children  surrendered  to  their  care,’  passed  April  5,  1855,  and  to  provide  for  the 
custody  of  such  children.”  Passed  April  27,  1870. 

5 Entitled  “ An  act  to  authorize  the  various  associations  and  societies  incor- 
porated under  the  laws  of  the  State  of  New  York,  for  the  purpose  of  taking 
care  of  and  protecting  destitute  infant  minor  children,  to  bind  out  by  inden- 


Prevention  of  Cruelty  to  Children . 


45 


chapter  five  hundred  and  twenty-two  of  the  laws  of  eighteen 
hundred  and  seventy-five  ; and  sections  one  and  two  of* 1  chapter 
one  hundred  and  twelve  of  the  laws  of  eighteen  hundred  and 
seVenty-eight.  But  the  repeal  of  said  act  shall  not  affect  the 
validity  of  any  indentures  of  apprenticeship  or  other  agreements 
executed  before  this  act  shall  take  effect,  nor  any  action  or  pro- 
ceedings which  shall  have  been  commenced  in  any  court  or  be- 
fore any  officer  before  this  act  shall  take  effect. 

§ 1 5.  This  act  shall  take  effect  immediately. 


ture  destitute  children  who  are  in  their  care  and  keeping.”  Passed  June  7, 
1875. 

1 Entitled  “An  act  to  amend  chapter  one  hundred  and  fifty-nine  of  the  laws 
of  eighteen  hundred  and  fifty-five,  entitled  ‘ An  act  to  allow  the  trustees,  direc- 
tors, or  managers  of  incorporated  asylums  to  bind  out  orphans  or  indigent  chil- 
dren surrendered  to  their  care.’  ” Passed  April  6, 1878. 


■ 


FORMS. 


Directions  as  to  Forms. 

In  preparing  the  Forms  officers  are  directed  to  state  time  and 
place  and  the  facts  constituting  the  particular  offense  as  fully  and  ac- 
curately as  the  circumstances  of  the  case  will  permit.  Where  the 
officer  did  not  see  the  offense  committed,  he  may  allege  “ that  he  has 
been  informed  by  John  Roe,  and  has  just  cause  to  believe,  and  does 
believe,  that,”  etc.  Campbell  v.  Ewall,  7 How.  Pr.  399. 


Form  No.  1. 

Information  for  Kidnapping. 

(Sec.  21 1,  Subd.  1.) 

District  Police  Court. 

State  of  New  York,  ) ss  . 

City  and  County  of  New  York,  ( 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  the  said  city  of  New  York,  one  John 
Roe  did  unlawfully  and  willfully  seize  [ or , confine — or , inveigle 
— or , kidnap]  one  James  Doe  with  intent  to  cause  him,  without 
authority  of  law,  to  be  secretly  confined  or  imprisoned  within  this 
State  [or,  to  be  sent  out  of  this  State — or,  to  be  sold  as  a slave 
— or,  held  to  service — or,  kept — or,  detained]  against  his,  said 
James  Doe’s,  will,  in  violation  of  the  statutes  in  such  cases  made 
and  provided,  and  especially  of  section  211  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  N%  2. 

Information  for  Kidnapping  Child. 

(Sec.  211,  Subd.  2.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  f ss" 

, of  Number  , street,  in  said  city,  being 


48 


Forms . 


duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

1 88  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  unlawfully  and  willfully  lead  [or,  take — or , entice 
away — or , detain]  a certain  child  called  James  Doe,  said  child 
then  and  there  being  under  the  age  of  twelve  years,  to  wit,  of 
the  age  of  years,  with  intent  to  keep  or  conceal  said  child 
from  its  parent  [ or , guardian — or  other  person  having  the  law- 
ful care  or  control  of  said  child],  [or,  to  extort — or,  to  obtain 
money  or  reward  for  the  return  or  disposition  of  said  child — or, 
with  intent  to  steal  any  article  about  or  on  the  person  of  said 
child],  in  violation  of  the  statutes  in  such  case  made  and  pro- 
vided, and  especially  of  section  211  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  3. 

Information  for  Kidnapping. 

(Sec.  211,  Subd.  3.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  ( ss': 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of 
188  , one  John  Roe  did  unlawfully  and  willfully  abduct  [or,  en- 

tice— or,  by  force  or  fraud  unlawfully  take  or  carry  away]  one 
James  Doe  at  or  from  , a place  without  the  State  [or,  pro- 
cure— or,  advise — or,  aid  or  abet  such — an  abduction — or,  entic- 
ing—^, taking  or  carrying  away],  and  did  afterwards  send,  bring, 
have,  or  keep  said  James  Doe  [or,  cause  him  to  be  kept  or  se- 
creted] within  this  State,  to  wit,  at  No.  , street,  in  said 
city  of  New  York,  in  violation  of  the  statutes  in  such  case  made 
and  provided,  and  especially  of  section  21 1 of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  ,188  . 


Forms. 


49 


Form  No.  4. 

Information  for  Abduction  of  Female  under  Sixteen* 

(Sec.  282,  Subd.  1.) 

District  Police  Court. 

State  of  New  York,  ) . 

City  and  County  of  New  York,  f ** 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  unlawfully  and  willfully  take  a certain  female  [now 
present]  called  Mary  Doe,  said  female  then  and  there  being  under 
the  age  of  sixteen  years,  to  wit,  of  the  age  of  years,  for  the 
purpose  of  prostitution  and  sexual  intercourse  [ or , without  the 
consent  of  her  father,  mother,  guardian,  or  other  person  having 
legal  charge  of  her  person,  for  the  purpose  of  marriage],  in  vio- 
lation of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  282  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  5. 

Information  for  Abduction  of  Unmarried  Female. 

(Sec.  282,  Subd.  2.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  f s *' 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  the  said  city  of  New  York, 

one  John  Roe  unlawfully  and  willfully  did  inveigle  \or , entice]  a 
certain  female  called  Mary  Doe,  said  female  then  and  there  being 
unmarried  and  under  the  age  of  twenty- five  years,  to  wit,  of  the 
age  of  years,  of  previous  chaste  character,  into  a house  of  ill- 
fame  [ or , of  assignation — or  elsewhere]  for  the  purpose  of  prostitu- 
tion and  sexual  intercourse,  in  violation  of  the  statutes  in  such  case 
made  and  provided,  and  especially  of  section  282  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  ,188  . 

5 


Forms . 


50 


Form  No.  6. 

Information  for  Abduction  of  a Woman  against  her  wilL 

(Sec.  282,  Subd.  3.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  f ss" 

, of  Number  , street,  in  said  city,  being* 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 
John  Roe  unlawfully  and  willfully  did  take  [or,  detain]  a certain 
woman,  called  Mary  Doe,  unlawfully  against  her  will,  with  the 
intent  to  compel  her  by  force  [or,  menace — or , duress]  to  marry 
him  [or  to  marry  any  other  person— or,  to  be  defiled],  in  violation 
of  the  statutes  in  such  case  made  and  provided,  and  especially  of 
section  282  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  7. 

Information  against  Parent  consenting  to  Abduction. 

(Sec.  282,  Subd.  4.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 
188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe,  then  and  there  being  the  parent  [or,  guardian — or, 
person  having  the  legal  charge  of  the  person]  of  a certain  female 
[now  present],  called  Mary  Roe,  said  female  then  and  there  being 
under  the  age  of  sixteen  years,  to  wit,  of  the  age  of  years, 

did  unlawfully  and  willfully  consent  to  the  taking  [or,  detaining] 
of  said  female  by  one  James  Doe  for  the  purpose  of  prostitution 
and  sexual  intercourse,  at  No.  , street,  in  said  city,  in 

violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  282  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Forms . 


5i 


Form  No.  8. 

Information  for  Abandonment  of  Child. 

(Sec.  287.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ “ 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe,  then  and  there  being  the  parent  [or,  person  having 
the  care  or  custody  for  nurture  or  education]  of  a certain  child 
[now  present]  called  James  Roe,  said  child  then  and  there  being 
under  the  age  of  six  years,  to  wit,  of  the  age  of  years,  did 

unlawfully  and  willfully  desert  said  child  in  said  place  with  intent 
wholly  to  abandon  said  child,  in  violation  of  the  statutes  in  such 
case  made  and  provided,  and  especially  of  section  287  of  the 
Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  9. 

Information  for  omitting  to  furnish  Food,  etc.*  to  Minor. 

(Sec.  288.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  ] ss': 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 
188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  unlawfully  and  willfully  omit,  without  lawful  ex- 
cuse, to  perform  a duty  by  law  imposed  upon  him  to  furnish  food 
[ or , clothing— or,  shelter — or , medical  attendance]  to  a certain 
minor  [now  present]  called  James  Doe,  the  said  James  Doe  being 
then  and  there  of  the  age  of  years,  in  violation  of  the  stat- 
utes in  such  case  made  and  provided,  and  especially  of  section 
288  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


52 


Forms. 


Form  No.  10. 

Information  for  “Baby  Farming.” 

(Sec.  288.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss” 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe,  not  being  a duly  incorporated  institution,  did  unlaw- 
fully and  willfully  receive  [or,  board — or , keep]  therein  at  the 
same  place,  at  the  same  time,  more  than  two  foundlings  [or, 
abandoned — or,  homeless — children],  to  wit,  three  such  children 
[now  present]  named  and  aged  respectively,  Mary  Doe,  age  5 
years,  Jane  Doe,  age  3 years,  Sarah  Doe,  age  1 year,  said  children 
being  then  and  there  severally  under  the  age  of  12  years,  none  of 
said  children  being  the  relatives,  or  apprentices  or  pupils  or  wards 
of  the  said  John  Roe;  and  that  the  said  John  Roe  received  [or, 
boarded — or , kept]  the  above  named  children  at  the  time  and 
place  aforesaid  without  legal  commitment,  and  without  having 
first  obtained  a license  in  writing  so  to  do  from  a member  of  the 
State  Board  of  Charities  or  from  the  Mayor  or  Board  of  Health 
of  the  city  of  New  York  aforesaid,  as  by  law  required,  in  violation 
of  the  statutes  in  such  case  made  and  provided,  and  especially  of 
section  288  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  11. 

Information  for  Endangering  Life  or  Health  of  Child. 

(Sec.  289,  Subd.  1.) 

District  Police  Court. 

State  of  New  York,  [ 

City  and  County  of  New  York,  \ ** 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , at 
No.  , street,  in  said  city  of  New  York,  one  John  Roe,  then 
and  there  having  the  care  and  custody  of  one  James  Doe  [now 
present],  the  said  James  Doe  being  then  and  there  a minor,  to 
wit,  of  the  age  of  years,  did  then  and  there  unlawfully  and 


Forms. 


53 


willfully  cause  [or,  permit]  the  said  minor’s  life  to  be  endangered 
[or,  health  to  be  injured — or,  morals  to  become  depraved],  in 
violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  289  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  12. 

Information  for  Placing  Child  in  Dangerous  Situation*  etc. 

(Sec.  289,  Subd.  2.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ S " 

, of  Number  , street,  in  said  city,  being  duly  sworn, 
deposes  and  says,  that  on  the  day  of  , 188  , at  No. 

, street,  in  said  city  of  New  York,  one  John  Doe,  then 

and  there  having  the  care  and  custody  of  one  James  Doe  [now* 
present],  the  said  James  Doe  being  then  and  there  a minor,  to  wit, 
of  the  age  of  years,  the  said  John  Doe  did  then  and  there 

unlawfully  and  willfully  cause  [or,  permit]  the  said  minor  to  be 
placed  in  such  a situation  [or,  to  engage  in  such  an  occupation] 
that  its  [said  minor’s]  life  was  then  and  there  endangered  [or, 
its  health  was  and  is  likely  to  be  injured — or,  its  morals  were 
and  are  likely  to  be  impaired]  in  violation  of  the  statutes  in 
such  cases  made  and  provided,  and  especially  of  section  289  of 
the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  13. 

Information  for  Admitting  Child  to  Dance-house*  etc. 

(Sec.  290.) 

• District  Police  Court. 

State  of  New  York,  ; 

City  and  County  of  New  York,  j ss': 

, of  Number  , street,  in  said  city,  being 
duly  sworn,  deposes  and  says,  that  on  the  day  of  ,188  , 


54 


Forms. 


at  No.  street,  in  said  city  of  New  York,  one  John  Roe, 

then  and  there  being  the  owner  [or,  keeper  -or,  manager]  of  a 
certain  dance-house  [or,  concert  saloon — or,  theatre — or,  mu- 
seum— or , place  where  wines  or  spirituous  or  malt  liquors  were 
then  being  sold  or  given  away — or,  place  of  entertainment 
injurious  to  health  or  morals],  known  as  , therein  did  un- 

lawfully and  willfully  admit  [or,  allow  to  remain]  a certain  child, 
called  James  Doe  [now  present],  said  child  being  then  and  there 
actually  and  apparently  under  the  age  of  sixteen  years,  to  wit,  of 
the  age  of  years,  the  said  child  then  and  there  not  being 

accompanied  by  its  parent  or  guardian,  in  violation  of  the  stat- 
utes in  such  case  made  and  provided,  and  especially  of  section 
290  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  14. 

Information  for  Permitting  Child  to  Play  Games  of 
Chance,  etc. 

(Sec.  290.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe  did 
then  and  there  unlawfully  and  willfully  suffer  and  permit  a cer- 
tain child  called  James  Doe  [now  present],  said  child  then  and 
there  being  actually  and  apparently  under  the  age  of  sixteen 
years,  to  wit,  of  the  age  of  years,  to  play  a certain  game  of 
skill  [or,  chance — describing  it]  in  said  premises,  the  said  prem- 
ises then  and  there  being  [or,  being  adjacent  to]  a dance- house 
[or,  concert  saloon —or,  theatre — or,  museum— or,  place  where 
wine  or  spirituous  or  malt  liquors  were  then  being  sold  or  given 
away — or , place  of  entertainment  injurious  to  health  or  morals], 
and  to  be  and  remain  therein  in  violation  of  the  statutes  in  such 
case  made  and  provided,  and  especially  of  section  290  of  the 
Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Forms . 


55 


Form  No.  15. 

Information  against  Child  Begging,  Gathering  Rags,  etc. 

(Sec.  291,  Subd.  1.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  f s ** 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  ,188  , 

at  No.  , street,  in  said  city  of  New  York,  a certain  child 

[now  present]  called  John  Doe,  then  and  there  being  actually 
and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  was,  by  deponent,  found  begging,  receiving,  and 
gathering  alms  [or,  gathering  or  picking  rags — or,  collecting 
cigar  stumps — or,  bones— or,  refuse  from  markets],  in  violation 
of  the  statutes  in  such  case  made  and  provided,  and  especially 
of  section  291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  16. 

Information  against  Homeless  or  Abandoned  Child. 

(Sec.  291,  Subd.  2.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss" 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  ,188  , at  No. 

, street,  in  said  city  of  New  York,  a certain  child  [now 
present]  called  John  Doe,  then  and  there  being  actually  and  ap- 
parently under  the  age  of  sixteen  years,  to  wit,  of  the  age  of 
years,  was  by  deponent  found,  not  having  any  home  or  other 
place  of  abode  or  proper  guardianship  [or,  having  been  aban- 
doned— or,  improperly  exposed — or,  neglected  by  its  parents  or 
other  person  or  persons  having  it  in  charge — or,  being  in  a state 
of  want  and  suffering],  in  violation  of  the  statutes  in  such  case 
made  and  provided,  and  especially  of  section  291  of  the  Penal 
Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


56 


Forms . 


Form  No.  17. 

Information  against  Child  Destitute*  etc. 

(Sec.  291,  Subd.  3.) 

District  Police  Court. 

State  of  New  York,  [ 

City  and  County  of  New  York,  f “ 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  a certain  child 

[now  present]  called  John  Doe,  then  and  there  being  actually 
and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  was  by  deponent  found  destitute  of  means  of 

support,  being  an  orphan  [or,  living — or,  having  lived  with  or  in 
custody  of  a parent  or  guardian  who  had  been  sentenced  to  im- 
prisonment for  crime — or , who  had  been  convicted  of  a crime 
against  the  person  of  said  child — or,  had  been  adjudged  an  habitual 
criminal],  in  violation  of  the  statutes  in  such  case  made  and  pro- 
vided, and  especially  of  section  291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  18. 

Information  against  Child  Frequenting  the  Company  of 
Thieves,  etc. 

(Sec.  291,  Subd.  4.) 

District  Police  Court. 

State  of  New  York,  [ 

City  and  County  of  New  York,  \ ss" 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  ,188  , at 

No.  , street,  in  said  city  of  New  York,  a certain  child  [now 
present]  called  John  Doe,  then  and  there  being  actually  and  ap- 
parently under  the  age  of  sixteen  years,  to  wit,  of  the  age  of 
years,  was  by  deponent  found  frequenting  and  being  in 
the  company  of  reputed  thieves  [or,  prostitutes — or,  in  a re- 
puted house  of  prostitution  or  assignation — or,  living  in  such 
a house  either  with  or  without  its  parent  or  guardian — stating 
names  and  places'],  in  violation  of  the  statutes  in  such  case  made 
and  provided,  and  especially  of  section  291  of  the  Penal  Code. 


Forms. 


57 


Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 1 88 


■ ss.  : 


Form  No.  19. 

Information  against  Child  Frequenting  Concert  Saloons,  etc. 

(Sec.  291,  Subd.  4.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  ( ‘ 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  a certain  child 

[now  present]  called  John  Doe,  then  and  there  being  actually 
and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  was  by  deponent  found  frequenting  and  being  in 

concert  saloons  [ or , dance-houses — or,  theatres — or,  museums — 
or  other  place  of  entertainment — or , places  where  wines  or  malt 
or  spirituous  liquors  were  then  sold],  and  that  said  child  then 
and  there  was  not  in  the  charge  of  its  parent  or  guardian,  in 
violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  20. 

Information  against  Child  Playing  Game  of  Chance. 

(Sec.  291,  Subd.  4.) 

District  Police  Court. 

State  of  New  York,  \ 

City  and  County  of  New  York,  j ss” 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  a certain  child 

[now  present]  called  John  Doe,  then  and  there  being  actually 
and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  was  by  deponent  found  playing  a certain  game 

of  chance  [or,  skill — describing  it]  in  said  premises,  wherein  [or, 
adjacent  to  which]  beer  [or,  ale — or,  wine — or,  liquor]  was  then 


58 


Forms . 


and  there  being  sold  or  given  away  [or,  found  being  in  said 
premises  wherein — or , adjacent  to  which — beer — or,  ale — or, 
wine— or,  liquor — was  then  and  there  being  sold  or  given  away], 
in  violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  21. 

Complaint  as  to  Female  under  Sixteen  Years  Living  in 
House  of  Prostitution. 

(Laws  1881,  Chap.  496,  Sec.  3.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  j ss “ 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  he  has  just  and  reasonable  cause  to 
suspect  and  does  suspect,  that  on  the  day  of  ,188  , at  a cer- 
tain house  or  place  known  as  No.  , street,  in  said  city  of  New 

York,  a certain  female  child  called  Mary  Roe,  said  child  being  then 
and  there  under  the  age  of  sixteen  years,  to  wit,  of  the  age  of 
years,  was  and  is  living  and  detained  and  kept  therein  for  the 
purpose  of  prostitution,  in  violation  of  the  statutes  in  such  case 
made  and  provided,  and  especially  of  section  3,  chapter  496  of 
the  Laws  of  1881. 

Wherefore  deponent  prays  that  the  said  Mary  Roe,  together 
with  any  and  all  persons  occupying  such  house  or  place,  or  in 
charge  thereof,  by  whatsoever  names  they  may  be  known  or 
called,  may  be  arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  ,188. 


Form  No.  22. 

Information  against  Child  Employed  as  an  Acrobat. 

(Sec.  291,  Subd.  5.) 

District  Police  Court. 

State  of  New  York,  \ 

City  and  County  of  New  York,  ( “ 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 


Forms . 


59 


at  No.  , street,  in  said  city  of  New  York,  a certain  child 

[now  present]  called  John  Doe,  then  and  there  being  actually 
and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  was  then  and  there  employed  [or,  caused  to  be 

employed — or , exhibited — or,  used — or , held  in  custody  for  the 
purpose  of  being  exhibited  or  employed]  as  a rope  or  wire 
walker  [or,  dancer — or , gymnast — or , contortionist — or , rider — 
or , acrobat — or,  in  begging — or , receiving  alms — or,  in  any  men- 
dicant occupation  —or,  in  peddling — or,  in  any  theatrical  exhibi- 
tion— or,  in  any  wandering  occupation — or,  in  any  indecent  or 
immoral  exhibition  or  practice — describing  it — or,  in  any  prac- 
tice or  exhibition  dangerous  or  injurious  to  the  life,  or  limb,  or 
health  or  morals  of  said  child — describing  it]  in  violation  of  the 
statutes  in  such  case  made  and  provided,  and  especially  of  sec- 
tion 291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  23. 

Information  against  Child  Employed  as  Singer  or  Musician. 

(Sec.  291,  Subd.  5.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  j s ' * 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  ,188  , at  No. 

, street,  in  said  city  of  New  York,  a certain  child  [now  present] 
called  John  Doe,  then  and  there  being  actually  and  apparently 
under  the  age  of  sixteen  years,  to  wit,  of  the  age  of  years, 

was  then  and  there  employed  [or,  caused  to  be  employed — or,  ex- 
hibited— or,  used — or,  held  in  custody  for  the  purpose  of  being 
exhibited  or  employed],  by  one  James  Roe,  in  singing  [or,  play- 
ing upon  a musical  instrument],  the  said  child  then  and  there 
not  being  employed  in  a church,  or  school,  or  academy,  or  in 
teaching  or  learning  the  science  or  practice  of  music,  and  not 
being  employed  as  a musician  in  a concert,  with  the  written  con- 
sent of  the  Mayor  of  the  city  of  New  York  as  provided  by  law, 
in  violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


6o 


Forms . 


Form  No.  24. 

Information  against  Child  Witness. 

(Sec.  291,  Subd.  6.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  j ss" 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  a certain  child  called  John  Doe 
[now  present],  being  under  the  age  of  sixteen  years,  to  wit,  of 
the  age  of  years,  is  a necessary  and  material  witness  on 

behalf  of  the  people  of  the  State  of  New  York  in  a certain  crim- 
inal case  now  pending  in  the  Court  of  Sessions  of,  in  and 

for  the  city  and  county  of  New  York,  entitled  The  People  vs. 
James  Roe,  wherein  the  said  James  Roe  is  charged  with  the 
crime  of  , under  Section  of  the  Penal  Code  of  said 

State,  in  that  he,  the  said  James  Roe  [allege  facts  constituting 
the  crime  charged\  and  that  the  said  John  Doe  will,  as  depo- 
nent verily  believes,  unless  duly  held  to  appear  on  the  trial  there- 
of, avoid  giving  his  testimony  at  the  instance  of  the  people. 

Wherefore  deponent  prays  that  the  said  child,  John  Doe, 
may  be  temporarily  committed  to  a suitable  institution  as  a 
witness,  to  appear  on  the  trial  of  the  aforesaid  criminal  case,  in 
pursuance  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  Section  291  of  the  Penal  Code. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  25. 

Information  against  Person  Illegally  Employing  Child  as 
an  Acrobat*  etc. 

(Sec.  292.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  $ * * 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  then  and  there  unlawfully  and  willfully  employ  [or, 
cause  to  be  employed — or,  exhibited — tfr,used — or,  had  in  his  cus- 
tody for  the  purpose  of  exhibiting  or  employing]  a certain  child 
[now  present]  called  James  Doe,  said  child  then  and  there  being 


Forms . 


6 i 


actually  and  apparently  under  the  age  of  sixteen  years,  to  wit,  of 
the  age  of  years,  as  a rope  or  wire  walker  [or,  dancer — or , 

gymnast — or , cortortionist — or,  rider — or , acrobat — or , in  begging 
— tfr,  receiving  alms — or,  in  any  mendicant  occupation — or,  in 
peddling— or,  in  any  theatrical  exhibition—  or,  in  any  wandering 
occupation — or,  in  any  indecent  or  immoral  exhibition  or  practice 
— or,  in  any  practice  or  exhibition  dangerous  or  injurious  to  the 
life,  or  limb,  or  health,  or  morals  of  said  child — describing  it]  in 
violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  section  292  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  26. 

Information  against  Parent  or  Other  Person  Consenting 
to  Illegal  Employment  of  Child. 

(Sec.  292.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe,  then  and  there  being  the  parent  [or,  relative — or, 
guardian — or,  employer — or  other]  and  having  the  care,  custody, 
and  control  of  a certain  child  called  James  Doe,  said  child  then 
and  there  being  actually  and  apparently  under  the  age  of  sixteen 
years,  to  wit,  of  the  age  of  years,  did  then  and  there  un- 

lawfully and  willfully  sell  [or,  let  out — or , give  away — or , procure 
— or,  consent  to  the  employment  or  exhibition  of]  said  child  as 
a rope  or  wire  walker  [or,  dancer — or , gymnast — or,  contortion- 
ist— or,  rider — or,  acrobat — or , in  begging — or,  receiving  alms — 
> or,' in  any  mendicant  occupation — or,  in  peddling — or,  in  any  the- 
atrical exhibition — or,  in  any  wandering  occupation — or,  in  any 
indecent  or  immoral  exhibition  or  practice — describing  it — or,  in 
any  practice  or  exhibition  dangerous  or  injurious  to  the  life,  or 
limb,  or  health,  or  morals  of  said  child — describing  it]  in*  viola- 
tion of  the  statutes  in  such  case  made  and  provided,  and  especial- 
ly of  section  292  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 

6 


62 


Forms . 


Form  No.  27. 


• . 


Information  against  a Person  Employing  Child  as  Singer 
or  Musician. 

(Sefc.  292,  Subd.  3.) 

District  Police  Court. 

State  of  New  York,  1 
City  and  County  of  New  York,  \ ' 

, of  Number  , street,  in  said  city,  being' 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  then  and  there  unlawfully  and  willfully  employ  [or, 
cause  to  be  employed  or  exhibited  or  used— or,  had  in  his  custody 
for  the  purpose  of  exhibiting  or  employing — or , then  and  there 
being  the  parent,  or  guardian,  or  relative,  or  employer,  having  the 
care,  custody  or  control  of,  did  sell,  or  let  out,  or  give  away,  or 
procure,  or  consent  to  the  employment  or  exhibition  of]  a certain 
child  called  James  Doe,  said  child  then  and  there  being  actually 
and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  in  singing  [or,  playing  upon  a musical  instrument] ; 
the  said  child  then  and  there  not  being  employed  in  a church,  or 
school,  or  academy,  or  in  teaching  or  learning  the  science  or  prac- 
tice of  music,  and  not  being  employed  as  a musician  in  a concert, 
with  the  written  consent  of  the  Mayor  of  the  city  of  New  York,  as 
provided  by  law,  in  violation  of  the  statutes  in  such  case  made 
and  provided,  and  especially  of  section  292  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  28. 

Information  for  Sale*  etc.,  of  Obscene  Books,  etc. 

(Sec.  317,  Subd.  1.) 


- ss. . 


District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  $ ' 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Doe  did  then  and  there  unlawfully  and  willfully  sell  [or, 
lend—  or,  give  away — or,  offer  to  give  away  or  show, — or,  have  in 
his  possession  with  intent  to  sell— or,  give  away — or,  to  show — 


Forms. 


63 


or,  to  advertise — or,  offer  for  loan  or  gift  or  sale  or  distribution, — 
or,  design — or,  copy — or,  draw — or,  photograph — or,  print — or, 
utter — or,  publish, — or,  print  or  cause  to  be  written — or,  printed 
a circular— or,  notice — or,  advertisement — or,  gave  information 
orally — stating  when — or,  where— or,  how — or,  of  whom — or,  by 
what  means]  a certain  obscene  and  indecent  book  [ describing  it 
— or,  magazine — or,  pamphlet — or,  newspaper — or;  story-paper 
• —or,  writing — or,  paper — or,  picture — or,  drawing — or,  photo- 
graph— or,  article — or,  instrument  of  indecent  or  immoral  use],  in 
violation  of  the  statutes  in  such  case  made  and  provided,  and  es- 
pecially of  section  317  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Doe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 

day  of  ,188  . 


Form  No.  29. 

Information  for  Sale  of  Criminal  Literature  to  Minor. 

(Sec.  317,  Subd.  2.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  ] * * 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  , at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  then  and  there  unlawfully  and  willfully  sell  [or, 
lend— or,  give  away — or,  show, — or,  have  in  his  possession  with 
intent  to  sell  or  give  away — or,  to  show — or,  advertise, — or,  offer 
for  loan — or,  gift — or,  sale — or,  distribution]  to  one  James  Doe 
[now  present],  the  said  James  Doe  being  then  and  there  a minor 
child,  to  wit,  of  the  age  of  years,  a certain  book  [describing 
it — or,  pamphlet — or,  magazine — or,  newspaper — or,  printed  pa- 
per], which  said  book  [or,  pamphlet — etc.\  was  then  and  there 
devoted  to  the  publication  and  principally  made  up  of  criminal 
news  [or,  police  reports — or,  accounts  of  criminal  deeds, — or,  pic- 
tures and  stories  of  deeds  of  bloodshed — or,  lust — or,  crime], 
in  violation  of  the  statutes  in  such  case  made  and  provided, 
and  especially  of  section  317  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 

day  of  ,188  . 


64 


Forms. 


Form  No.  30. 

Information  for  Exhibiting  Obscene  or  Criminal  Litera- 
ture within  View  of  Minor. 

(Sec.  317,  Subd.  3.)  * 

District  Police  Court. 

State  of  New  York,  ( 

City  and  County  of  New  York,  \ ss'  * 

, of  Number  , street,  in  said  city,  being 

duly  sworn,  deposes  and  says,  that  on  the  day  of  , 

188  . at  No.  , street,  in  said  city  of  New  York,  one 

John  Roe  did  unlawfully  and  willfully  exhibit  then  and  there,  the 
same  being  a street  or  highway  [ or , other  place],  within  the  view 
[ or , which  might  be  within  the  view]  of  any  minor  child,  and  es- 
pecially of  James  Doe  [now  present],  the  said  James  Doe  being 
then  and  there  a minor  child,  to  wit,  of  the  age  of  years,  a 
certain  obscene  and  indecent  book  [describing  it — or , magazine 
- — etc.,  as  in  Forms  Nos.  28  and  29],  in  violation  of  the  statutes 
in  such  case  made  and  provided,  and  especially  of  section  317  of 
the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 

day  of  , 188  . 


Form  No.  31. 

Information  for  Hiring  Minor  Child  to  Sell,  etc.,  Obscene 
or  Criminal  Literature. 

(Sec.  317,  Subd.  4.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ” 

. , of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe 

did  then  and  there  unlawfully  and  willfully  hire  [or,  use — or , em- 
ploy] one  James  Doe  [now  present],  the  said  James  Doe  being 
then  and  there  a minor  child  of  the  age  of  years,  to  sell  [or, 
give  away — or,  distribute]  [or,  then  and  there  having  the  care, 
custody,  and  control  of  one  James  Doe,  the  said  James  Doe  being 
then  and  there  a minor  child  of  the  age  of  years,  did  per- 

mit said  child  to  sell — or , give  away — or,  distribute]  a certain 
obscene  and  indecent  book  [describing  it — or,  magazine — etc., 


Forms . 


65 


as  in  Forms  Nos.  28  and  29],  in  violation  of  the  statutes  in  such 
case  made  and  provided,  and  especially  of  section  317  of  the 
Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 

day  of  , 188  . 


Form  No.  32. 

Information  against  a Person  for  Selling  Firearms  to 
Minor. 

(Sec.  409.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  j ss" 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 1 88  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe 

did  then  and  there  unlawfully  and  willfully,  without  the  written 
consent  of  a police  magistrate,  sell  [or,  give]  a certain  pistol  [or 
other  firearm , describing  it]  to  one  James  Doe  [now  present], 
the  said  James  Doe  then  and  there  being  a person  under  the 
age  of  eighteen  years,  to  wit,  of  the  age  of  years,  in  violation 
of  the  statutes  in  such  case  made  and  provided,  and  especially  of 
section  409  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 

day  of  , 188  . 


Form  No.  33. 

Information  against  Minor  for  Carrying  Firearms. 

(Sec.  410.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  f ss *' 

, of  Number  , street,  in  said  city,  being  duly 
sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe 
[now  present],  then  and  there  being  under  the  age  of  eighteen 
6* 


66 


Forms . 


years,  to  wit,  of  the  age  of  years,  did  then  and  there  unlaw- 
fully and  willfully  have  [or,  carry — or , have  in  his  possession] 
therein,  the  same  being  a public  street  [or,  highway — or,  place] 
in  said  city,  without  a written  license  from  a police  magistrate 
of  said  city,  a certain  pistol  [or  other  firearm,  describing  it],  and 
that  said  John  Roe  then  and  there  did  not  have  [or,  carry — or, 
have  in  his  possession]  said  pistol  [or  other  firearm]  in  the  regu- 
lar and  ordinary  transportation  of  firearms  as  merchandise,  or 
for  use  without  the  city  limits,  in  violation  of  the  statutes  in 
such  case  made  and  provided,  and  especially  of  sectton  410  of 
the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 

day  of  , 188  . 


Form  No.  34. 

Information  against  Person  neglecting  to  restrain  Child 
from  collecting  itefuse,  etc, 

(Laws  of  1877,  Chap.  428,  Sec.  2,  as  amended  by  Laws  of  1881, 
Chap.  496.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  ( 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe 

then  and  there  having  the  custody  of  a certain  child  called  James 
Doe  [now  present],  the  said  child  being  under  the  age  of  fourteen 
years,  to  wit,  of  the  age  of  years,  did  then  and  there  unlaw- 
fully and  willfully  permit  [or,  neglect  to  restrain]  said  child  from 
begging  [or,  gathering— or,  picking — or,  sorting — of  rags, — or , 
from  collecting  cigar  stumps — or,  bones — or,  refuse  from  mar- 
kets], which  said  child  was  then  and  there  by  deponent  found 
engaged  in  such  occupation  or  business,  in  violation  of  the  stat- 
utes in  such  case  made  and  provided,  and  especially  of  Chapter 
428  of  the  Laws  of  1877,  as  amended  by  Chapter  496  of  the  Laws 
of  1881,  and  of  Section  291  of  the  Penal  Code. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Forms. 


67 


Form  No.  35. 

Information  for  Sale  of  Beer,  etc.,  to  Minor  under 
Fourteen. 

(Laws  of  1877,  Chap.  420.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss" 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe 

did  then  and  there  personally  [or,  by  his  wife — or , servant — or, 
employe — or,  agent, — to  wit,  Mary  Roe]  unlawfully  and  willfully 
sell  beer  [or,  ale — or,  wine — or,  strong  or  spirituous  liquor  com- 
monly known  as  ],  to  wit,  , to  one  James  Doe  [now 

present],  the  said  James  Doe  being  then  and  there  a minor 
under  the  age  of  fourteen  years,  to  wit,  of  the  age  of  years, 
and  that  the  said  John  Roe  then  and  there  knew  [or,  had  reason 
to  believe]  that  such  minor  was  then  and  there  under  the  age  of 
fourteen  years,  in  violation  of  the  statutes  in  such  case  made  and 
provided,  and  especially  of  Chapter  420  of  the  Laws  of  1877. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  36. 

Information  for  Permitting  Minor  Child  to  Ride  on  Street 
Car,  not  being  a Passenger. 

(Laws  of  1880,  Chap.  585.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss" 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe, 
the  said  John  Roe  then  and  there  being  the  parent  [or,  guardian] 
of  a certain  minor  child  called  James  Roe  [now  present],  did 
then  and  there  unlawfully  and  willfully  permit  said  child  to 
ride  upon  [or,  play  upon]  the  steps  [or,  platform]  of  a certain 
railroad  car  drawn  by  steam,  to  wit,  [or,  of  a certain  omni- 

bus— or,  street  car — or  other  vehicle , describing  it — such  omnibus 
— or,  street  car — or  other  vehicle — being  then  and  there  drawn 


68 


Forms . 


by  horses],  the  said  child  then  and  there  not  being  a passenger, 
in  violation  of  the  statutes  in  such  case  made  and  provided,  and 
especially  of  Chapter  585  of  the  Laws  of  1880. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  ,188  . 


Form  No.  37. 

Information  against  Minor  Child  Riding  on  a Street  Car, 
not  being  a Passenger. 

(Laws  of  1880,  Chap.  585.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ SS" 

, of  Number  , street,  in  said  city,  being  duly 

sworn,  deposes  and  says,  that  on  the  day  of  , 188  , 

at  No.  , street,  in  said  city  of  New  York,  one  John  Roe 
[now  present],  the  said  John  Roe  being  then  and  there  a minor 
child,  to  wit,  of  the  age  of  years,  did  then  and  there,  not 

being  a passenger,  ride  upon  [or,  play  upon]  the  steps  [< or , plat- 
form] of  a certain  railroad  car  drawn  by  steam,  to  wit,  [or, 

of  a certain  omnibus — or,  street  car — or  other  vehicle , describing 
it , — such  omnibus — or,  street  car  —or  other  vehicle , describing  it 
— being  then  and  there  drawn  by  horses],  in  violation  of  the  stat- 
utes in  such  case  made  and  provided,  and  especially  of  Chapter 
585  of  the  Laws  of  1880. 

Wherefore  deponent  prays  that  the  said  John  Roe  may  be 
arrested  and  dealt  with  according  to  law. 

Sworn  to  before  me,  this 
day  of  , 188  . 


Form  No.  38. 

Warrant  of  Arrest. 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss" 

In  the  name  of  the  People  ol  the  State  of  New  York. 

To  the  sheriff  of  the  city  and  county  of  New  York  and  his 
deputies;  to  the  superintendent  of  the  municipal  police  of  the 


Forms.  69 

city  of  New  York;  to  all  the  captains  and  officers  of  said  munic- 
ipal police,  and  to  each  of  them : 

Whereas,  Information  upon  oath  has  been  this  day  laid  before 
me  by  , that  the  crime  [or,  misdemeanor]  of  [ designating 

it]  has  been  committed,  and  accusing  John  Roe  thereof. 

You  are  therefor  commanded  forthwith  to  arrest  the  above 
named  John  Roe,  and  bring  him  before  me  at  {naming  the  place] , 
or  in  case  of  my  absence  or  inability  to  act,  before  the  nearest  or 
most  accessible  magistrate  in  this  county. 

Given  under  my  hand,  at  the  City  and  County 
of  New  York,  this  day  of  , 188  . 

Police  Justice. 


Form  No.  39. 

Warrant  as  to  Female  under  Sixteen  Years  Living  in 
House  of  Prostitution. 

(Laws  of  1881,  Chap.  496,  Sec.  3.) 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  j ss" 

In  the  name  of  the  People  of  the  State  of  New  York. 

To  the  sheriff  of  the  city  and  county  of  New  York  and  his 
deputies ; to  the  superintendent  of  the  municipal  police  of  the 
city  of  New  York;  to  all  the  captains  and  officers  of  said  munic- 
ipal police,  and  to  each  of  them : 

Whereas,  has  made  complaint  under  oath  to  and  be- 

fore me  that  he  has,  and  it  further  appearing  in  my  judgment 
that  he  has  just  and  reasonable  cause  to  suspect,  and  does  sus- 
pect, that  a certain  female  child  called  Mary  Roe,  which  said 
child  is  under  the  age  of  sixteen  years,  to  wit,  of  the  age  of 
years,  is  now,  this  day  of  , 188  , living  and  is  de- 

tained and  kept  unlawfully  in  a certain  house  and  place  known  as 
No.  , street,  in  said  city,  for  the  purpose  of  prostitution  : 

Now,  therefore,  I,  , police  justice,  do  authorize  you  to 

enter  and  search  the  said  house  and  place  within  said  city,  known 
as  No.  , street,  and  to  arrest  and  bring  any  such  child 

found  therein,  together  with  any  and  all  persons  occupying  such 
house  or  place,  or  in  charge  thereof,  by  whatsoever  names  they 
may  be  known  or  called,  before  me  to  be  dealt  with  according 
to  law. 

Given  under  my  hand,  at  the  City  and  County 
of  New  York,  this  day  of  , 188  . 


Police  Justice. 


70 


Forms . 


Form  No.  40. 

Final  Commitment. 

District  Police  Court. 

State  of  New  York,  ) 

City  and  County  of  New  York,  5 SS" 

By  , Esquire,  one  of  the  police  justices 
for  the  city  of  New  York. 

To  , one  of  the  policemen  of  the  city  of  New  York : 

Whereas,  , a child,  actually  and  apparently  under 

the  age  of  sixteen  years,  to  wit,  of  the  age  of  years,  was 

heretofore,  on  the  day  of  , 1 88  , duly  brought  before 
me  for  examination,  charged  before  me  upon  the  allegation  un- 
der oath  of  , that  he,  the  said  child,  on  the 

day  of  , 188  , at  the  city  and  county  aforesaid  [ state  facts 
as  alleged  in  information ],  in  violation  of  the  provisions  of  the 
statute  in  such  case  made  and  provided,  and  in  further  violation 
of  the  provisions  of  law  in  that  behalf  embraced  and  set  forth  in 
the  following  laws  of  this  State,  to  wit,  “The  New  York  City 
Consolidation  Act  of  eighteen  hundred  and  eighty-two,”  being 
Chapter  410  of  the  Laws  of  1882,  and  the  acts  amendatory  there- 
of, and  the  Penal  Code  of  the  State  of  New  York,  and  the  Code, 
of  Criminal  Procedure  of  the  State  of  New  York; 

And,  having  in  due  form  of  law  examined  the  said  complain- 
ant and  the  witnesses  before  me  produced,  and  also  the  said 
child,  , who  was  duly  produced  for  my  personal  inspection 

pursuant  to  the  provisions  of  law  aforesaid,  and  it  appearing  and 
having  been  proven  to  me  to  my  satisfaction,  by  competent  tes- 
timony and  evidence,  that  the  material  allegations  and  matters 
set  forth  and  charged  in  the  complaint  are  true,  and  that  the 
said  child,  , is,  and  on  the  day  last  aforesaid  was,  actually 

and  apparently  under  the  age  of  sixteen  years,  to  wit,  of  the  age 
of  years,  and  on  the  day  of  , 188  , at  the  city 

and  county  aforesaid  [ state  facts  as  alleged  in  information ],  in 
violation  of  the  statutes  and  laws  aforesaid ; 

And,  it  having  been  further  proved  to  my  satisfaction,  by  com- 
petent testimony  and  evidence,  and  by  the  examination  of 

the  child,  that  such  child  is  embraced  within  the  provisions  of 
the  laws  aforesaid,  and  especially  within  the  provisions  of  , 
and  that  by  reason  of  the  neglect,  habitual  drunkenness,  and 
other  vicious  habits  of  the  parents,  the  lawful  guardians  of  such 
child,  it  is  expedient  and  desirable  for  the  welfare  of  the  child 
that  said  persons,  to  wit,  the  said  , should  be  deprived  of 

its  custody  hereafter,  and  that  such  child  is  a proper  object  for 
the  care  and  instruction  of  the  society  and  corporation  hereinaf- 
ter named : 


Forms . 


7i 


Now,  therefore,  in  the  name  of  the  people  of  the  State  of 
New  York,  you  are  hereby  commanded  immediately  to  take 
charge  of  the  said  , a child  actually  and  apparently 

under  the  age  of  sixteen  years,  to  wit,  of  the  age  of  years, 
who  has  been  proved  to  me,  by  competent  testimony  and  evi- 
dence, to  be  embraced  within  the  provisions  of  the  laws  afore- 
said, and  especially  within  the  provisions  of  , and  who  also 
appears  to  my  satisfaction  to  be  a proper  object  for  the  care  of 
the  corporation  created  by  an  act  entitled  “An  act  and 

known  as  “ ,”  and  to  deliver  the  said  child  without  delay  to 

the  said  corporation  at  its  house  of  reception  in  this  city  , 

to  which  corporation  such  child  is  hereby  committed,  to  be  and 
remain  under  the  guardianship  of  its  directors  and  managers 
until  therefrom  discharged  in  manner  prescribed  by  law.  And* 
for  so  doing  this  shall  l^e  your  sufficient  warrant. 

Given  under  my  hand  and  seal,  at  the  City 
of  New  York,  this  day  of  , 188  . 

[Seal.]  Police  Justice. 


Form  No.  41. 

Temporary  Commitment  of  Child  Witness. 

District  Police  Court. 

State  of  New  York,  ) . 

City  and  County  of  New  York,  \ '* 

By  , Esquire,  one  of  the  police  justices 
for  the  city  of  New  York. 

To  , one  of  the  policemen  of  the  city  of  New  York: 

Whereas,  a child,  actually  and  apparently  under 
the  age  of  sixteen  years,  to  wit,  of  the  age  of  years,  was 

heretofore,  on  the  day  of  ,188,  duly  brought  before 
me  for  examination,  charged  before  me  upon  the  allegation  un- 
der oath  of  , that  he,  the  said  child,  , was  and  is  a 

necessary  and  material  witness  on  behalf  of  the  people  of  the 
State  of  New  York,  in  a certain  criminal  case  now  pending  in 
the  Court  of  Sessions  of,  in  and  for  the  city  and  county  of 

New  York,  entitled  The  People  vs.  James  Roe,  wherein  the  said 
James  Roe  is  charged  with  the  crime  of  , under  Section 

of  the  Penal  Code  of  said  State  in  that  he,  the  said  James 
Roe  \here  state  the  facts  constituting  the  crime  charged  ] ; 

And,  having  in  due  form  of  law  examined  the  said  affiant, 
and  also  the  said  child,  , who  was  duly  produced  for  my 

personal  inspection,  and  it  appearing  and  having  been  proven  to 
me  to  my  satisfaction,  that  the  material  allegations  and  matters 


72 


Forms . 


set  forth  in  said  affidavit  are  true,  and  that  the  said  child  r 
is,  and  on  the  day  last  aforesaid  was,  actually  and  apparently 
under  the  age  of  sixteen  years,  to  wit,  of  the  age  of  years, 
and  is  a necessary  and  material  witness  for  the  people  on  the 
trial  of  the  aforesaid  criminal  case,  and  is  within  the  provisions 
of  the  statute  in  such  case  made  and  provided,  and  especially  of 
Section  291  of  the  Penal  Code;  and  the  said  child  having  been 
by  me  duly  held  as  a witness  for  the  people,  to  appear  on  the 
trial  of  the  criminal  case  aforesaid  : 

Now,  therefore,  in  the  name  of  the  people  of  the  State  of 
New  York,  you  are  hereby  commanded  immediately  to  take 
charge  of  the  said  child,  , and  to  deliver  the  said  child  to 

the  corporation  known  as  “ ,”  created  by  an  act  entitled,  “An 

' act  ,”  and  which  is  an  institution  authorized  by  law  to  re- 

ceive children  on  final  commitment  anc^to  have  compensation 
therefor  from  the  city  authorities,  to  which  institution  said  child 
is  hereby  temporarily  committed  to  appear  as  a witness  on 
the  trial  of  the  criminal  case  aforesaid,  to  be  and  remain  under 
the  guardianship  of  its  directors  and  managers  until  therefrom 
discharged  in  manner  prescribed  by  law.  And  for  so  doing  this 
shall  be  your  sufficient  warrant. 

Given  under  my  hand  and  seal  at  the  City  of 
New  York,  this  day  of  , 188  . 

TSeal.]  Police  Justice. 


Form  No.  42. 

Petition  for  Warrant. 

(Code  Civ.  Pro.  Sec.  2054.) 

To  the  Honorable  Supreme  Court  of  the  State  of  New  York : 

The  petition  of  u The  New  York  Society  for  the  Prevention 
of  Cruelty  to  Children,”  respectfully  shows  : 

That  it  is  a corporation  duly  incorporated  and  existing  under 
and  in  pursuance  of  Chapter  130  of  the  Laws  of  1875  of  the  State 
of  New  York. 

That  a certain  male  child,  called  , aged  about 

years,  is  unlawfully  imprisoned,  detained,  confined,  and 
restrained  of  liberty,  and  is  held  in  illegal  confinement  and 
custody  within  this  State  by  , at  and  within  the  premises 

, in  the  city  and  county  of  New  York.  That  such  per- 
son not  the  lawful  guardian  of  such  child,  nor  en- 

titled to,  nor  fit,  nor  proper  to  be  intrusted  with,  its  custody,  ed- 
ucation, care,  or  control.  That  such  child  has,  daily  and  fre- 


Forms . 


73 


quently  during  some  time  past,  been,  and  now  is,  by  the  said 
, unlawfully  and  illegally  assaulted,  and  severely  whipped, 
beaten,  struck,  and  bruised,  without  any  just  or  lawful  provoca- 
tion  or  cause  therefor.  That  the  marks  of  such  bruises  and 
beatings  will  appear  plainly  visible  upon  the  body  and  limbs  of 
the  said  child  at  the  present  time  upon  inspection  thereof. 

All  which  your  petitioner  is  prepared  to  substantiate  by  the 
testimony  of  various  persons,  many  of  whom  reside  immediately 
adjacent  to  the  premises  wherein  such  child  is  confined,  ready  to 
be  produced  by  your  petitioner  as  witnesses  in  proof  of  the  alle- 
gations and  statements  in  this  petition  set  forth  and  contained. 

Your  petitioner  further  states,  that  he  is  able  to  show  by  the 
witnesses  aforesaid,  and  that  there  is  good  reason  to  believe  from 
the  facts  above  stated,  and  your  petitioner  does  believe,  that  the 
said  child  will  be  carried  out  of  the  State  by,  or  will  suffer  some 
irreparable  injury  at  the  hands  of  the  said  , and  be  further 

cruelly  beaten,  and  perhaps  maimed,  before  such  child  can  be 
relieved  by  the  issuing  of  a habeas  corpus  or  certiorari . 

Your  petitioner  therefore  prays  that  a warrant  may  be  imme- 
diately issued,  pursuant  to  the  statute  in  such  case  made  and 
provided,  and  directed  to  such  sheriff,  constable,  or  other  person 
as  may  be  deemed  proper,  and  commanding  such  officer  or  per- 
son to  take  such  child,  and  forthwith  to  bring  such  child  before 
you,  to  be  dealt  with  according  to  law  : And  further  to  arrest 
and  bring  before  you  the  said  having  such  child  in 

custody,  to  be  dealt  with  according  to  law,  pursuant  to  the  stat- 
ute in  such  case  made  and  provided. 

Dated,  New  York,  , 188  . 

The  New  York  Society  for  the  Prevention  of  Cruelty  to 
Children,  by 


Superintendent. 


City  and  County  of  New  York,  ss.: 

, being  duly  sworn,  says : That  he  is  an  officer,  to 
wit,  the  superintendent  of  The  New  York  Society  tor  the  Pre- 
vention of  Cruelty  to  Children,  the  petitioner  above  named,  and 
that  the  foregoing  petition  is  true  of  his  own  knowledge,  except 
as  to  the  matters  which  are  therein  stated  to  be  alleged  on  infor- 
mation and  belief,  and  that  as  to  those  matters  he  believes  it  to 
be  true. 

Sworn  to  before  me,  this  ) 

day  of  , 1 88  , f 


7 


74 


Forms . 


Form  No.  43. 

Warrant. 

(Code  Civ.  Pro.  Sec.  2054.) 

Supreme  Court  of  the  State  of  New  York. 

State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss '* 

To  the  sheriff  of  the  city  and  county  of  New  York  and  his 
deputies ; to  the  superintendent  of  the  municipal  police  of  the 
city  of  New  York,  and  to  all  the  captains  and  officers  of  said 
municipal  police,  and  to  any  constable  of  the  said  city: 

Whereas,  “The  New  York  Society  for  the  Prevention  of 
Cruelty  to  Children,”  a corporation  duly  incorporated  and  exist- 
ing under  and  in  pursuance  of  the  laws  of  this  State,  has  applied 
to  this  court  for  a warrant  to  take  a certain  child  called  , 

alleged  to  be  illegally  confined  by  and  in  the  custody  of  , 

at  and  within  the  premises  , in  the  city  and  county  of 

New  York. 

And  whereas,  it  appears  from  the  proofs  before  this  court  on 
such  application,  that  such  child  is  a male  child  aged  about 

years  and  called  , and  is  held  in  illegal  confinement 

and  custody  by  , at  and  within  the  premises  aforesaid ; and 

that  such  person  not  the  lawful  guardian  of  such 

child,  nor  entitled  to,  nor  fit  nor  proper  to  be  intrusted  with  its 
custody,  education,  care,  or  control;  and  that  such  child  has, 
daily  and  frequently  during  some  time  past,  been,  and  now  is,  by 
the  said  , unlawfully  and  illegally  assaulted,  and  severely 

whipped,  beaten,  struck,  and  bruised  without  any  just  or  lawful 
provocation  or  cause  therefor;  and  that  the  marks  of  such 
bruises  and  beatings  appear  plainly  visible  upon  the  body  and 
limbs  of  the  said  child  at  the  present  time,  upon  inspection  there- 
of; and  that  , and  that  the  said  child  will  be  carried  out  of 

the  State  by,  or  will  suffer  some  irreparable  injury  at  the  hands 
of,  the  said  , and  be  further  cruelly  beaten,  and  perhaps 

maimed,  before  such  child  can  be  relieved  by  the  issuing  of  a 
habeas  corpus  or  certiorari . 

From  which  facts  it  satisfactorily  appears  to  this  court  that 
the  said  child  , is  held  in  illegal  confinement  and  custody 

by  the  said  , and  that  there  is  good  reason  to  believe  that 

such  child  will  be  carried  out  of  the  State  or  suffer  some  irrepar- 
able injury  before  such  child  can  be  relieved  by  the  issuing  of  a 
habeas  corpus  or  certiorari . 


Forms . 


75 


And  the  facts  further  appearing  to  this  court,  sufficient  to 
justify  the  arrest  of  the  said  having  such  child  in 

custody,  as  for  a criminal  offense  committed  in  the  taking  and 
detaining  of  such  child, 

These  are  therefore,  in  the  name  of  the  People  of  the  State 
of 'New  York,  to  authorize  and  command  you  immediately  to 
take  the  said  child  , and  also  to  arrest  the  said  , and 
bring  them,  and  each  of  them,  before  this  court  without  delay,  to 
be  dealt  with  according  to  law. 

Witness,  Hon.  , a Justice  of  the  Supreme  Court  of  the 
State  of  New  York,  at  the  County  Court  House  in  the  city  of 
New  York,  on  the  day  of  , 1 88  . 

By  the  court, 

L.  S. 


, Justice. 


APPENDIX. 


The  following  named  institutions,  located  in  New 
York  city,  receive  on  commitment  : 

American  Female  Guardian  Society* — Incorporated  under 
chapter  244,  Laws  of  1849;  amended  by  chapter  249,  Laws  of 
1857;  re-enacted  by  sections  1602-1607,  chapter  410,  Laws  of 
1882.  Protestant.  Receives  boys  from  2 to  10  years  of  age, 
and  girls  from  2 to  14  years  of  age.  Home,  No.  32  East  30th 
street. 

Association  for  Befriending  Children  and  Young  Girls. — 

Incorporated  under  chapter  319,  Laws  of  1848,  as  amended. 
Roman  Catholic.  Receives  girls  from  3 to  18  years  of  age.  In- 
stitution, No.  136  Second  avenue. 

The  Association  for  the  Benefit  of  Colored  Orphan s. —In- 
corporated under  chapter  232,  Laws  of  1838;  amended  by  chap- 
ter 306,  Laws  of  1872.  Protestant.  Receives  boys  and  girls 
from  2 up  to  10  years  of  age.  Asylum,  143d  street  and  Tenth 
avenue. 

Asylum  of  St.  Yincent  de  Paul. — Incorporated  November 
5th,  1868,  under  chapter  319,  Laws  of  1848,  as  amended.  Ro- 
man Catholic.  Receives  destitute  and  unprotected  orphans  and 
half-orphan  children  of  both  sexes,  of  French  birth  or  parentage, 
and  others  from  3 up  to  12  years  of  age.  Asylum,  No.  215 
West  39th  street.  , 

The  Children’s  Fold. — Incorporated  under  chapter  506,  Laws 
of  1874.  Protestant.  Receives  boys  and  girls  from  3 to  10 
years  of  age.  Institution,  corner  of  93d  street  and  Broadway. 

Commissioners  of  Charities  and  Corrections. — Incorporated 
under  chapter  510,  Laws  of  1866,  as  amended;  re-enacted  by 
sections  385-423,  of  chapter  410,  Laws  of  1882.  Receives  in 
Children’s  Nursery  infants,  and  in  Hospital  boys  and  girls  of  all 
ages  who  require  medical  treatment.  Office,  No.  66  Third  av- 
enue; Hospital  and  Nursery  on  Randall’s  Island. 


7* 


78 


Appendix . 


Commissioners  of  Emigration. — Incorporated  under  an  Act 
passed  May  5th,  1847,  as  amended ; re-enacted  by  sections  2032- 
2068,  of  chapter  410,  Laws  of  1882.  Receives  all  children  who 
have  not  been  in  the  United  States  over  one  year  and  who  have 
been  landed  in  the  port  of  New  York  city.  Office  of  Reception, 
Castle  Garden;  Institution,  Ward’s  Island. 

Dominican  Convent  of  Our  Lady  of  the  Rosary. — Incorpo- 
rated under  chapter  319,  Laws  of  1848,  as  amended.  Roman 
Catholic.  Receives  boys  from  2 to  6 years,  and  girls  from  2 to 
14  years  of  age.  Institution,  No.  329  East  63d  street. 

* Five  Points  House  of  Industry. — Incorporated  March  nth, 
1854,  under  chapter  319,  Laws  of  1848,  as  amended.  Protestant. 
Receives  boys  and  girls  from  4 to  14  years  of  age.  Office,  No. 
155  Worth  street. 

The  Five  Points  Mission. — See  Ladies  Home  Missionary 
Society  of  the  Methodist  Episcopal  Church,  page  79,  infra. 

The  Foundling  Asylum  of  the  Sisters  of  Charity  of  the 
City  of  New  York. — Incorporated  October  9th,  1869,  under 
chapter  319,  Laws  of  1848,  as  amended.  (See  also  chapter  635, 
Laws  of  1872.)  Roman  Catholic.  Receives  boys  and  girls 
(foundlings)  under  2 years  of  age.  Office  and  Asylum,  68th 
street  and  Third  avenue. 

Hebrew  Benevolent  and  Orphan  Asylum  of  the  City  of 
New  York. — Incorporated  under  chapter  14,  Laws  of  1832; 
amended  by  chapter  21,  Laws  of  1870;  re-enacted  by  section 
1625,  of  chapter  410,  Laws  of  1882.  Hebrew.  Receives  orphan 
and  half-orphan  and  indigent  boys  and  girls  under  13  years  of 
age.  Asylum,  Tenth  avenue,  between  136th  and  138th  streets. 

The  Hebrew  Sheltering  Guardian  Society  of  New  York. — 

Incorporated  under  chapter  319,  Laws  of  1848,  as  amended. 
Hebrew.  Receives  boys  from  2 up  to  10  years  of  age,  and  girls 
from  2 up  to  14.  Office  and  Institution,  southwest  corner  First 
avenue  and  57th  street. 

House  of  the  Good  Shepherd. — Incorporated  November  1st, 
1858,  under  chapter  319,  Laws  of  1848,  amended.  Roman  Cath= 
olic.  Reformatory  for  women  and  girls.  House,  89th  and  90th 
streets  and  East  River. 

House  of  Mercy. — Incorporated  February  23d,  1855,  under 
chapter  319,  Laws  of  1848,  as  amended.  Protestant.  Reform- 
atory for  women  and  girls.  House,  86th  street  and  North 
River. 


Appendix . 


79 


The  House  of  Refuge. — See  The  Managers  of  the  Society  for 
the  Reformation  of  Juvenile  Delinquents,  infra . 

Institution  of  Mercy. — Incorporated  under  chapter  319, 
Laws  of  1848,  as  amended.  Roman  Catholic.  Receives  girls 
from  4 to  14  years  of  age.  Office  and  Institution,  No.  35  East 
Houston  street;  Branch,  St.  Joseph’s  Home,  81st  street  and 
Fourth  avenue. 

The  Ladies  Deborah  Nursery  and  Child’s  Protectory, — In- 
corporated under  chapter  319,  Laws  of  1848,  as  amended.  He- 
brew. Receives  boys  and  girls  from  2 up  to  14  years  of  age. 
Office  and  Institution,  No.  95  East  Broadway. 

Ladies  Home  Missionary  Society  of  the  Methodist  Episco- 
pal Church  (known  as  66  The  Five  Points  Mission  ”). — Incor- 
porated by  Act  passed  March  20th,  1856.  Protestant.  Receives 
boys  and  girls  from  3 up  to  14  years  of  age.  Office,  No.  61 
Park  street. 

The  Managers  of  the  Society  for  the  Reformation  of  Ju- 
venile Delinquents  (known  as  “ The  House  of  Refuge”). — 

Incorporated  under  chapter  126,  Laws  of  1824,  as  amended;  re- 
enacted by  sections  1594-1601,  chapter  410,  Laws  of  1882.  Re- 
formatory for  boys  and  girls  between  the  ages  of  12  and  16 
years.  House,  Randall’s  Island. 

Missionary  Sisters  of  the  Third  Order  of  St.  Francis. — 

Incorporated  under  chapter  319,  Laws  of  1848,  as  amended. 
Roman  Catholic.  Receives  boys  from  2 up  to  5 years  of  age, 
and  girls  from  2 up  to  14  years  of  age.  House  of  Reception,  No. 
143  West  31st  street.  Institution,  Peekskill,  N.  Y. 

Mission  of  the  Immaculate  Yirgin  for  the  Protection  of 
Homeless  and  Destitute  Children. — Incorporated  under  Act 
passed  May  23d,  1877.  Roman  Catholic.  Receives  boys  from 
3 to  14  years  of  age.  Home,  No.  2 Lafayette  Place. 

New  York  Catholic  Protectory. — Incorporated  under  chap- 
ter 448,  Laws  of  1863,  as  amended,  and  re-enacted  by  sections 
1618-1624,  chapter  410,  Laws  of  1882.  Roman  Catholic.  Re- 
ceives boys  and  girls  from  7 to  14  years  of  age.  Office  of  Re- 
ception, No.  415  Broome  street;  Protectory,  Westchester,  New 
York. 

New  York  Infant  Asylum. — Incorporated  under  chapter  106, 
Laws  of  1865;  re-enacted  by  sections  1627-1632  of  chapter  410, 
Laws  of  1882.  Protestant.  Receives  boys  and  girls  (foundlings) 
under  2 years  of  age.  House  of  Reception,  61st  street  and 


80  Appendix. 

Tenth  avenue;  Homes,  Mount  Vernon,  N.  Y.,  and  Flushing, 
L.  I. 

New  York  Juvenile  Asylum. — Incorporated  under  chapter 
332,  Laws  of  1851,  as  amended,  and  re-enacted  by  sections 
1608-1617,  chapter  410,  Laws  of  1882.  Protestant.  Receives 
boys  and  girls  from  7 to  14  years  of  age.  House  of  Reception, 
No.  61.  West  13th  street;  Asylum,  176th  street  and  Tenth 
avenue. 

The  New  York  Magdalen  Benevolent  Society. — Incorpo- 
rated October  31st,  1851,  under  chapter  319,  Laws  of  1848,  as 
amended.  Protestant.  Reformatory  for  women  and  girls. 
Asylum,  88th  street,  between  Madison  and  Filth  avenues. 

The  Orphan  Asylum  Society  in  the  City  of  New  York. — 

Incorporated  under  chapter  159,  Laws  1807,  amended  by  chap- 
ter 372,  Laws  of  1872.  Protestant.  Receives  boys  and  girls  from 
3 to  10  years  of  age.  Asylum,  West  73d  street,  between  Elev- 
enth avenue  and  Riverside  Drive.  Executive  Committee  receives 
all  applications  for  admission  on  Thursday,  between  10  A.  M. 
and  12  M.,  at  No.  29  East  29th  street. 

Sisters  of  the  .Order  of  St.  Dominick.— Incorporated  under 
Act  passed  December  20th,  1869.  Roman  Catholic.  Receives 
girls  from  2 up  to  14  years  of  age.  House  of  Reception,  No.  141 
Second  street;  Asylum,  at  Blauveltville,  N.  Y. 

St.  Ann’s  Home  for  Destitute  Children. — Incorporated  No- 
vember 1 8th,  1879,  under  chapter  319,  Laws  of  1848,  as 
amended.  Roman  Catholic.  Receives  boys  from  3 to  7 years 
of  age,  and  girls  from  3 to  14  years  of  age  Asylum,  90th  street 
and  East  River. 

St.  James’  Home. — Incorporated  1883,  under  chapter  319, 
Laws  of  1848,  as  amended.  Roman  Catholic.  Receives  girls 
from  2 up  to  14  years  of  age.  Home,  No.  26  James  street. 

St.  Joseph’s  Asylum  in  the  City  of  New  York.— Incorpo- 
rated under  chapter  378,  Laws  of  1859.  Roman  Catholic.  Re- 
ceives boys  and  girls  under  14  years  of  age.  Asylum,  corner  of 
89th  street  and  Avenue  A. 

St.  Stephen’s  Home  for  Children. — Incorporated  in  1875, 
under  chapter  319,  Laws  of  1848,  as  amended.  Roman  Catho- 
lic. Receives  boys  and  girls  from  2 up  to  14  years  of  age. 
Home,  Nos.  145  and  147  East  28th  street,  and  138  East  29th 
street. 


I N DEX. 


ABANDONMENT  of  child,  9,  15,  33. 

ABDUCTION  by  force,  9. 

consent  to,  9. 

of  female  under  sixteen,  7. 
of  unmarried  female,  8. 

ACCIDENTS  to  children  on  horse  cars,  etc.,  36. 

ADOPTION  agreement,  41-44. 

of  children,  41. 

AGE  of  child,  3. 

statement  of  in  commitment,  20. 

AGREEMENT  of  adoption,  41-44. 

ALMS,  children  receiving  or  soliciting,  15,  23,  32. 

APPENDIX,  77-80. 

APPRENTICE,  institution  may,  29,  40. 

APPRENTICES,  damages  against  employers  of,  41  * 
form  of  indenture,  40. 

ARREST  without  warrant,  6. 

by  officer  of  S.  P.  C.  C.,  32. 

BABY  FARMING,  10,  12. 

BEGGING,  children,  15,  23,  32. 

BOARDING  children,  10. 

BONES,  collecting,  15. 

BOOK  of  criminal  news  or  police  reports,  27. 
indecent  or  obscene,  26. 

CAPACITY  of  child  to  commit  crime,  3,  4,  5. 

CARRYING  of  fire-arms  by  minors,  28. 

CHANCE,  child  playing  game  of,  14,  17. 

CHARACTER  for  chastity,  8. 

CHASTE  character,  8. 

CHILD,  abandonment  of,  9,  15,  33. 

accidents  to  on  horse  cars,  etc.,  36. 
adoption  of,  41. 

and  foster  parent,  relation  of,  41,  42, 
apprenticing  of,  40,  41. 
as  witness,  5,  21. 

begging  or  receiving  or  soliciting  alms,  15,  23,  32. 
carrying  of  fire-arms  by,  28. 

collecting  of  cigar  stumps,  bones  or  refuse  from  mar- 
kets, 15. 


82 


Index . 


CHI  LD — continued . 

commitment  of,  18,  19,  20,  21. 
committed  as  a vagrant,  32. 
convicted  of  crime  or  misdemeanor,  30. 
custody  of,  8,  10,  12. 
destitute  of  means  of  support,  16. 
employed  to  sell  criminal  literature,  27. 
endangering  life  or  health  of,  12,  13,  18,  24. 
endangering  morals  of,  18,  24. 

exhibited  as  a rope  or  wire  walker,  gymnast,  etc.,  18,  22. 

exhibition  of  criminal  literature  to,  27. 

found  wandering,  a truant,  31. 

gathering  or  picking  rags,  15. 

held  on  a criminal  charge,  21. 

improperly  exposed,  15. 

in  a reputed  house  of  prostitution  or  assignation,  17. 
in  a state  of  want  or  suffering,  1 5. 

in  concert  saloon,  dance-house,  theatre,  museum  or 
other  place  of  entertainment,  14,  17. 
in  institution,  37-45. 

in  place  where  wines,  malt  or  spirituous  liquors  are 
sold,  14,  1 7. 

in  the  company  of  thieves  or  prostitutes,  17. 
in  theatre,  concert  saloon,  museum,  etc.,  13,  14,  17. 
kidnapping,  6. 

name  of  not  to  be  changed  in  institutions,  40. 
not  to  be  placed  with  criminals,  22. 
of  vicious  parents,  16. 

playing  game  of  chance  or  skill,  14,  17,  18. 

removal  of  from  institution,  40. 

sale  of  criminal  literature  to,  27. 

sale  of  fire-arms  to,  28. 

sale  of  liquor  to,  34,  35. 

surrender  of  to  institution,  38. 

where  committed,  18,  21,  30,  32,  33,  38,  39. 

where  surrendered,  38,  39. 

without  home,  1 5. 

without  proper  guardianship,  15,  16. 

CHILDREN,  societies  for  the  prevention  of  cruelty  to,  24,  25. 
CIGAR  STUMPS,  collecting,  1 5. 

CIRCUS,  child  exhibited  in,  18,  23,  24. 

CLOTHING,  omission  to  furnish,  10. 

COMMITMENT  of  children,  18,  19,  20,  21. 

CONCERT  SALOON,  person  admitting  child  to,  13,  14,  17. 
CONFESSIONS  of  infant,  5. 

CONSENT  to  abduction,  9. 

CONSTITUTIONALITY  of  laws  relating  to  children,  18. 


Index. 


83 


CONTORTIONIST,  child  exhibited  as  a,  18,  22. 

COURT  having  jurisdiction,  19. 

CRIME,  child  convicted  of,  30. 

CRIMES,  of  what  infants  may  be  convicted,  4. 

CRIMINAL  charge,  child  held  on,  21. 
code,  31-34. 
literature,  27. 

literature,  child  employed  to  sell,  27. 
news,  27. 

CRUELTY  to  children,  societies  for  the  prevention  of,  24,  25. 
CUSTODY  of  child,  8,  10,  12. 

DANCE  HOUSE,  person  admitting  child  to,  13,  14,  17. 
DANCER,  child  exhibited  as  a,  18,  22. 

DANGEROUS  exhibition,  18,  24. 

DESTITUTE  children,  16. 

DETERMINATION  of  age  of  child,  3,  4. 

DISORDERLY  person,  proceeding  against,  34. 

person,  warrant  against,  33. 
persons,  who  are,  33. 

EMPLOYERS  of  apprentices,  damages  against,  41. 
EMPLOYING  child  to  sell  criminal  literature,  27. 
EMPLOYMENT  of  child  as  an  acrobat,  etc.,  22. 

of  child  in  any  indecent  or  immoral  exhibition, 
22,  23. 

of  child  in  begging  or  any  medicant  occupa- 
tion, 23. 

ENDANGERING  life,  health  or  morals  of  child,  12,  13,  18,  24. 
ENTERTAINMENT  injurious  to  health  or  morals,  14,  17. 
ERRONEOUS  recital  in  commitment,  20. 

EVIDENCE  as  to  age  of  child,  3,  4. 

sufficient  to  convict  infant,  4. 

EXHIBITION,  child  employed  in  indecent  or  immoral,  18,  23. 
child  employed  in  theatrical,  18,  23. 
dangerous  to  life  or  morals  of  child,  18,  24. 
of  child  as  an  acrobat,  etc.,  22. 
of  child  in  singing,  playing  upon  a musical  in- 
strument, 22,  23. 
of  criminal  literature  to  child,  27. 
of  criminal  pictures,  27. 

FAITHISTS,  neglect  to  supply  medical  aid,  11. 

FEMALE  under  sixteen,  abduction  of,  7. 

FIRE-ARMS,  license  to  sell  or  carry,  28. 

sale  and  carrying  of,  28. 

FOOD,  omission  to  furnish,  10,  11. 


34 


Index . 


FORCE,  abduction  by,  9. 

FOREIGN  birth,  kidnapping  persons  of,  36,  37. 

FOSTER  parent  and  child,  relation  of,  41,  42. 

GAME  of  skill  or  chance,  child  playing,  14,  17. 
GUARDIANSHIP,  child  without  proper,  15,  16. 

GYMNAST,  child  exhibited  as,  18,  22. 

HABITUAL  criminal,  where  parent  or  guardian  is,  16. 
HEALTH  of  child,  endangering,  12,  13,  18,  24. 

HOMELESS  CHILD,  15 

HOUSE  of  ill-fame,  what  constitutes,  9. 

of  prostitution,  recommending  female  to,  8. 
of  Refuge,  29,  79. 

ILL-FAME,  what  constitutes  a house  of,  9. 

IMMORAL  exhibition  or  practice,  child  employed  in,  18,  23. 
INDECENT  exhibition  or  practice,  child  employed  in,  18,  23. 
literature,  26. 

INSTITUTIONS,  Appendix,  77-80. 

children  in,  37-45. 
records  of,  39. 
religious  faith  of,  30,  39. 

INSTRUMENT,  of  indecent  or  immoral  use,  26. 
INTENTION  of  laws  relating  to  children,  18,  19. 
INTOXICATION,  procuring,  6. 

INVEIGLE,  to,  5,  6. 

KIDNAPPING,  5,  6,  7. 

persons  of  foreign  birth,  36,  37. 

LEGAL  charge  of  minor,  8,  10,  12. 

LICENSE  to  carry  fire-arms,  28. 

to  sell  fire-arms,  28. 
to  sing,  24. 

LIFE  of  child,  endangering,  12,  13,  18,  24. 

LIMB  of  child,  endangering,  18,  24. 

LIQUORS  are  sold,  admitting  child  to  place  where,  14,  17. 

sale  of  to  child,  34,  35. 

LITERATURE,  criminal,  27. 

obscene,  26. 

MAGAZINE  of  criminal  news  or  police  reports,  27. 
MAGISTRATE  having  jurisdiction,  19. 

MAGISTRATE’S  power  when  exhausted,  20. 

MALT  liquors  are  sold,  admitting  child  to  place  where,  14,  17. 
MANAGER,  who  is  a,  14,  23. 


Index . 


85 


MARKET  refuse,  children  collecting,  15. 

MEDICAL  attendance,  omission  to  furnish,  10,  11. 
MENDICANT  occupation,  15,  23. 

MISDEMEANOR,  child  convicted  of,  30. 

MORALS  of  child,  endangering,  18,  24. 

MUSEUM,  person  admitting  child  to,  13,  14,  17. 

MUSICAL  instrument,  child  employed  in  playing  upon,  18,  23. 
instrument,  license  to  play,  24. 

NAMES  of  children  not  to  be  changed  in  institutions,  40. 
NEGLECT  to  file  papers  on  commitment,  18,  21. 

to  furnish  food,  clothing,  shelter  or  medical  attend- 
ance, 10,  11,  12,  13,  15. 

NEWSPAPER  of  criminal  news  or  police  reports,  27. 
indecent  or  obscene,  26. 

NEW  YORK  Society  for  the  Prevention  of  Cruelty  to  Children, 
19,  25. 

NOTICE  to  parents,  19. 

OBSCENE  literature,  26. 

OFFENSES,  of  what  infants  may  be  convicted,  4. 

OFFICERS  of  societies  for  the  prevention  of  cruelty  to  child- 
ren, 25. 

OMISSION  to  file  papers  on  commitment,  18,  21. 
to  furnish  clothing,  10. 
to  furnish  food,  10,  11. 
to  furnish  medical  attendance,  10,  11. 
to  furnish  shelter,  10,  15. 

PADRONE  ACT,  the,  36,  37. 

PARENT  or  guardian  an  habitual  criminal,  16. 

or  guardian  convicted  of  crime  against  child,  16. 
or  guardian  sentenced  to  imprisonment  for  crime,  16. 
PARENTS,  notice  to,  19. 

PEDDLING,  18,  23. 

PENAL  CODE,  3-30. 

PER  CAPITA  allowance  to  institutions,  38. 

PERMITTING  child  to  collect  cigar  stumps,  etc.,  15. 

PERSON  employing  a child  as  a rope  or  wire  walker,  gymnast, 
etc.,  22. 

PERSONAL  inspection  of  child,  3,  4. 

PERSONS  having  legal  charge  of  minor,  8,  10.  12. 

PICTURE,  indecent  or  obscene,  26. 

PICTURES  of  deeds  of  bloodshed,  27. 

POLICE  reports,  27. 

PRACTICE,  child  employed  in  indecent  or  immoral,  18,  23. 

8 


86 

PRESUMPTION  as  to  crii 
PROCEEDINGS  against  d 
vagrancy 

PROCURING  intoxication, 

PROHIBITED  employment 
PROSTITUTION,  purposes 
PURPOSES  of  prostitution, 

RAGS,  children  gathering  or  picking,  1 5. 

RECOMMENDING  female  to  house  of  prostitution,  8. 
RECORD  of  conviction,  omission  to  file,  18,  21. 

RECORDS  of  institutions,  39. 

REFUSE  from  markets,  children  collecting,  15. 

RELIGIOUS  faith  of  institutions,  30,  39. 

REMOVAL  of  children  from  institutions,  40. 

RIDER,  child  exhibited  as  a,  18,  22. 

ROPE  or  wire  walker,  child  exhibited  as  a,  18,  22. 

SALE  of  fire-arms  to  minors,  28. 

of  liquor,  etc.,  to  child,  34,  35. 

SHELTER,  omission  to  furnish,  10. 

SING,  license  to,  24. 

SINGING,  child  employed  in,  18,  23. 

SKILL,  child  playing  game  of,  14,  17. 

SOCIETIES  for  the  prevention  of  cruelty  to  children,  24,  25. 
SPIRITUOUS  liquors  are  sold,  admitting  child  to  place  where, 
14,  17. 

STORIES  of  lust  or  crime,  27. 

SUFFERING,  child  in  a state  of,  15. 

SUPPORT  of  child  in  institution,  38. 

SURRENDER  of  child  to  institution,  38. 

THEATRE,  person  admitting  child  to,  13,  14,  17. 
THEATRICAL  exhibition,  child  employed  in,  18,  23. 
TRUANT  children,  31. 

UNMARRIED  female,  abduction  of,  8. 

VAGRANCY  proceedings,  31. 

VAGRANT,  child  committed  as  a,  32. 

VAGRANTS,  31. 

WANDERING  occupation,  child  employed  in,  15,  23. 

WANT,  child  in  a state  of,  15. 

WARRANT  against  disorderly  person,  33. 

WIFE,  person  who  abandons  his,  33. 

WINES  are  sold,  admitting  child  to  place  where,  14,  17. 
WITNESSES,  children  as,  5,  21. 


UNIVERSITY  OF  ILLINOIS-URBAN  A 

179.2  N48M  C001 
Manual  ot  the  New  York  society  tor  the  p 


